If a person fails to appear in court after his or her driver’s license had been suspended, that person’s case will be entered with a status of “VC40509.5 Hold.” The term comes from the Vehicle Code VC40509.5 Hold which means that the driver’s license is put on hold after the litigant has failed to appear in court. It is a notification which is issued by the court and sent to the DMV. If you are in this situation, then a competent lawyer would be the person that you need.
The Vehicle Code sec. 40508 (a) provides a prosecutor or a court judge the right to file an additional charge of failure to appear if that person does not present himself in court at the designated date and time. Vehicle Code 40509.5 on the other hand is that section of the code which explains how the court should communicate that fact to the DMV. The DMV in turn is instructed to suspend the individual’s driver’s license because of his failure to appear in court.
There are courts which have a lenient approach to persons charged with VC 40509.5 hold. These judges take in the fact that these people have jobs to do and mouths to feed. Aside from that, they also would not like to have large amounts of DUI cases clogging their records. There are more important cases to consider. And finally, there are also courts who do not have any consideration for these people. They can make it really difficult for such cases to set a date for court appearance.
There are different ways in which courts treat a case of a VC 40509.5 hold. If you show that you would like to cooperate in the resolution of your case to the best that you can, it will definitely help to speed up the process of releasing the hold. But, in order to do this, you and your lawyer must personally go to the court in order to set the date of your court appearance.
Hence, if you can see a “40509.5 hold” on the report on your driving history, it only states that your driver’s license is suspended due to your own failure to be present at the designated court when you were needed to be there. The best way to handle this case would be to find a competent lawyer who will be willing to provide the best services in order to resolve your case at the soonest possible time. If you would like help clearing your 40509.5 hold you can contact Attorney Mark A. Gallagher for a free consultation at 800-797-8406, or by email at firstname.lastname@example.org