DMV Suspension from MSC
| Submitted | May 23, 2020 |
| Est. Completion | None |
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Communications
From: Frank Shinneman
To Whom It May Concern:
Pursuant to the California Public Records Act, I hereby request the following records:
Driver License suspension requests received from Marin County Superior Court during the period from 5/1/2019 to 5/1/2020.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.
Sincerely,
Frank Shinneman
From: Department of Motor Vehicles
May 29, 2020
VIA EMAIL: requests@muckrock.com
Frank Shinneman
Via MuckRock News
DEPT MR 93711
411A Highland Ave
Somerville, MA 02144-2516
Re: Public Records Act Request
20-02846
Dear Mr. Shinneman:
The California Department of Motor Vehicles acknowledges receipt of your email dated May 23, 2020, and received on May 26, 2020, requesting the following records pursuant to the California Public Records Act (Government Code section 6250 et seq.).
"Driver License suspension requests received from Marin County Superior Court during the period from 5/1/2019 to 5/1/2020."
The department is unable to determine what records you seek through your request, as phrased. In order to assist you in making a focused and effective request that reasonably describes identifiable records, please provide additional details and/or clarification as to the information you seek.
If the department does not receive clarification as to what records you seek within thirty (30) days, we will consider your request cancelled and will be closing our file in this matter.
Sincerely,
Kate Rinne
Attorney III
Department of Motor Vehicles
Legal Affairs Division
2415 First Avenue, MS C128
Sacramento, CA 95818
(916) 657-6469
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Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.
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From: Frank Shinneman
This is to clarify the documents I am requesting regarding California Drivers License Suspension resulting from notifications by the Marin Superior Court of California pursuant to Vehicle Code Sections (40509(a) or 40509.5(a).
I request any documents generated containing aggregate data in any format which include license suspensions resulting from Failure To Appear notices (FTAs) in the Marin Superior Court between May 1, 2019 and May 1, 2020.
During this same time period, I further request a sample or template of, or instructions for production of the batch data Marin Superior Court of California submits to DMV on a monthly or other regular basis.
I further request any notices of license suspension addressed to Marin County residents during this same time period.
Thank you for your attention to this request.
Sincerely,
Frank Shinneman
From: Department of Motor Vehicles
June 19, 2020
VIA EMAIL: requests@muckrock.com
Frank Shinneman
Via MuckRock News
DEPT MR 93711
411A Highland Ave
Somerville, MA 02144-2516
Re: Public Records Act Request
20-02846
Dear Mr. Shinneman:
The California Department of Motor Vehicles acknowledges receipt of your email dated and received on June 11, 2020, requesting the following records pursuant to the California Public Records Act (Government Code section 6250 et seq.).
This is to clarify the documents I am requesting regarding California Drivers License Suspension resulting from notifications by the Marin Superior Court of California pursuant to Vehicle Code Sections (40509(a) or 40509.5(a).
1. I request any documents generated containing aggregate data in any format which include license suspensions resulting from Failure To Appear notices (FTAs) in the Marin Superior Court between May 1, 2019 and May 1, 2020.
2. During this same time period, I further request a sample or template of, or instructions for production of the batch data Marin Superior Court of California submits to DMV on a monthly or other regular basis.
3. I further request any notices of license suspension addressed to Marin County residents during this same time period.
With respect to item 1 of your request, the department has records of license suspensions from FTAs that can be narrowed to specific locations and specific time frames. However, this data is not readily available. In order to compile the data, the department can program and run computer searches of its database. In accordance with California law, you will be responsible for the cost of programming and computer services necessary to produce the data. California Government Code section 6253, subdivision (b), provides that the state agency make the identifiable public records available "upon payment of fees covering the direct costs of duplication, or a statutory fee, if applicable." Additionally, section 6253.9(b)(2) provides that the requester shall bear the cost to construct a record, and the cost of programming and computer services necessary to produce a copy of the record when the request requires data compilation, extraction, or programming to produce the record. California Vehicle Code section 1811 allows the Department of Motor Vehicles to charge "at least the entire actual cost to the department of the copies." See also Shippen v. DMV (1984) 161 Cal.App.3d 1119.
Based on prior requests requiring computer programming, the cost to produce the data relating to your request will likely be in the thousands of dollars.
Also, please note that the data that may be released will be limited. Pursuant to Vehicle Code section 1810 and California Code of Regulations, Title 13, section 350.36, in order to provide information from driver license records, the department requires two points of identification. Furthermore, you must have a permissible use for that information (Driver's Privacy Protection Act, Title 18, United States Code, section 2721-2725). As such, you may obtain general statistical data about the responsive suspensions, but you would not receive information about individual driving records.
If you wish to have the department proceed with the programming, please let me know and define the specific information you are looking for (for example, the number of FTA suspensions in Marin County during the indicated time frame) and we can make further arrangements to obtain a more definitive estimate as to the cost. Once a final estimate is determined, you will be required to submit a deposit for that amount prior to the department carrying out the programming effort.
With respect to item 3 of your request, the department has responsive records. However, in order to produce the records, the department will first have search its database for the relevant suspensions, as described above. Then, the department will have to individually access all responsive suspension letters and manually redact the confidential and personally identifiable information within. Please note that this will result in virtually duplicative documents, as the same verbiage is in every notice. Please clarify if you are seeking the actual notices that were sent or just an example of such notice.
With respect to item 2 of your request, the department is unable to determine what records you seek. Please provide more details about the specific information you want. Additionally, sharing your purpose behind the request may enable the department to assist you in making a focused and effective request.
Sincerely,
Kate Rinne
Attorney III
Department of Motor Vehicles
Legal Affairs Division
2415 First Avenue, MS C128
Sacramento, CA 95818
(916) 657-6469
******************************************************************************************************************************
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.
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Files
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