DMV Lack of Skill Hearing in San Diego

Case History: California Drivers Advocates was engaged to defend a client whose driver license had been summarily suspended by the California Department of Motor Vehicles based on a Regular Request for Re-Examination by a San Diego Police Officer.

Our 64 year old client was both an attorney and registered nurse who engaged us because her research revealed we would provide her the best opportunity for victory.

In October 2015, our client was ordering a meal at the drive-thru window of a restaurant in San Diego. Unknown to her, the floor mat under her feet had shifted so when she attempted to drive away from the restaurant, the floor mat actually depressed the accelerator of her vintage automobile. She would later describe that she was terrified as her vehicle “took off like a rocket.” In the span of 3-4 seconds, she had collided with a sign and a parked car but because the floor mat prevented the accelerator from retracting, the vehicle would not stop. Her vehicle would have continued to careen out of control had she not had the presence of mind to turn off the ignition, which caused the car to coast to a stop.

The investigating San Diego Police Officer completely distorted the facts when reporting the event to the DMV. This caused the DMV to take the extraordinary step of immediately suspending the driver license without a Re-Examination Interview because they believed our client’s Lack of Skill had caused the accident.

Because our client’s ability to work and to transport disabled family members was directly tied to her ability to operate a motor vehicle, her financial future and her family’s health was on the line.

 DMV’s Position: The California DMV’s position was crystal clear. Because the information provided by the investigating San Diego PD officer was so negative, the DMV was left with the impression that the traffic collision was the direct result of our client’s lack of skill. Despite the fact our client’s driving record was remarkably clean, the Police Officer’s request for re-examination convinced the DMV that she must be immediately taken off the road.

 Our Defense: When our client retained us, we immediately went to work to schedule her Lack of Skill Hearing. We immediately filed a request to Stay the suspension so that our client could continue driving during the development of the case, but our request was rejected out of hand and the suspension remained in effect.

Our defense began with a detailed interview of the client to determine the details of what had occurred. We interviewed witnesses and prepared sworn declarations. Through the Discovery process, we collected all of the DMV’s evidence. We issued a number of subpoenas to the San Diego Police Department for the production of photographs and other items of evidence. We employed the assistance of a Traffic Accident Reconstruction Expert and conducted extensive research that revealed a history of the sudden acceleration of vehicles caused by shifting floor mats. In fact, our research revealed the tragic story of a veteran CHP officer who was killed along with his wife and children when a shifting floor mat caused his car to crash.

After weeks of preparation, we were prepared to present our case, but on the morning of the hearing the DMV called to reschedule the hearing because the Hearing Officer was unavailable. This caused our client to unnecessarily suffer an additional 30 days of suspension. Finally, our new hearing date arrived and we presented our defense before the California Department of Motor Vehicles, Driver Safety Office in San Diego.

At the hearing, the hearing officer accepted all of our affirmative evidence without objection and allowed the testimony of our client along with two percipient witnesses. Because we had worked so hard to prepare our client, she testified with great emotion and credibility that made our position clear. For reasons we still don’t understand, the Hearing Officer put our client through the every step of the Re-Examination process to include a written test, vision test and driving test.

In the end, our client excelled and passed every test that lay before her. One week after passing her driving test, we received an “Order of Set Aside” in the mail that brought her ordeal to an end. After three months of unnecessary suspension, our client’s driving privilege was fully reinstated without any restriction.

We were able to save our client’s driver license and she is back on the road.

Call CDA Today. Let us put you on the road to victory!

The DMV Defense Experts at California Drivers Advocates include former police officers, DMV Hearing Officers, Investigators and Scientists. Our training, our experience and our reputation provide any driver the best opportunity to win their Administrative Hearing.

If your driver license has been suspended because a police officer has convinced the DMV that you lack the skill to drive, call us immediately. We can turn things around and get you back on the road.