Rivas

Rivas v. Cozens

Good Law
327 F. Supp. 867·1971 U.S. Dist. LEXIS 13410
United States District Court, Northern District of CaliforniaMay 6, 1971No. 70 2554California3,367 words

Opinion

lead Opinion

MEMORANDUM OF DECISION

Plaintiffs, who had been involved in an automobile accident and whose driving privileges were thereafter suspended under the California Financial Responsibility Law (Cal. Vehicle Code, § 16000 et seq.) pending their deposit of cash security amounts fixed by the Department of Motor Vehicles, bring this suit under Civil Rights Act, 42 U.S.C. § 1983 , to challenge the constitutionality of the California statute under which the Department acted.

For this reason, a three judge court was convoked as required by 28 U.S.C. §§ 2281 and 2284.

The California Financial Responsibility Law, Vehicle Code, § 16000 et seq., amended 1967, requires that the driver of every motor vehicle which is in any manner involved in an accident originating from the operation of a motor vehicle on any street or highway which accident has resulted in damage to the property of any one person in excess of $200 or in bodily injury or in the death of any person, shall within fifteen (15) days after the accident report the accident on a form approved by the Department to the office of the Department.

Unless the driver involved in an accident described in § 16000 complies with one of the…

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