DMV Hearings and Senior Drivers
HandelontheLaw.com Staff Writer
The Department of Motor Vehicles may decide to restrict, suspend or revoke a driver’s license for several reasons, including a mental or physical condition associated with advanced age and affecting the individual’s driving ability. An elderly driver is typically informed of the California DMV’s concerns about his/her driving abilities through a Notice of Priority Reexamination or a Notice of Reexamination.
A Notice of Priority Reexamination is usually given by a police officer during a traffic stop or after a car accident when the officer believes that a driver’s physical or mental condition poses an immediate hazard to the general public. In this case, the driver’s license is immediately suspended and he/she has merely 5 days to contest that suspension at a local Driver Safety Office. A Notice of Reexamination is usually issued by the DMV when the agency suspects, through information from medical professionals, law enforcement officers, DMV employees, private individuals, or the individual’s driving record that the driver’s physical or mental condition poses a hazard to the general public. In this case, the driver has between 10 and 14 days to contact a local Driver Safety Office for a reexamination hearing. This DMV hearing may involve tests of the driver’s abilities through a vision test, a written test, an interview with the Hearing Officer and a Driver’s Medical Evaluation Form completed by the driver. The Hearing Officer uses all the results to determine the elderly person’s driving abilities.
The Reexamination Hearing can obviously result in the loss of an elderly person’s driving privileges. Fortunately, the driver has several rights, including: representation by a law or someone else of your choosing, at your expense; all evidence on which the DMV is relying; the opportunity to give evidence in your own behalf; the opportunity to review and counter the evidence against you. Finally, a lawyer specializing in DMV Hearings will thoroughly understand the process, including the tests to which you may be subjected.
DO’S AND DON’TS
DON’T delay. Immediately consult/retain a lawyer specializing in DMV Hearings if you receive a Notice of Priority Reexamination or a Notice of Reexamination.
DO have your lawyer respond to either notice by contacting your local Driver Safety Office.
DO prepare to have your driving abilities tested, challenge the evidence against you and present your own evidence at a Reexamination Hearing.
By Kathy Catanzarite
Note from HandelontheLaw.com: This article is to be used as an educational guide only and should not be interpreted as a legal consultation. Readers of this article are advised to seek an attorney if a legal consultation is needed. Laws may vary by state and are subject to change, thus the accuracy of this information can not be guaranteed. Readers act on this information solely at their own risk. Neither the author, handelonthelaw.com, or any of its affiliates shall have any liability stemming from this article.
DMV HEARINGS DOS AND DON'TS