DMV Victory at a Lapse of Consciousness Hearing at San Francisco DSO 2

Case History: California Drivers Advocates was engaged to defend a client whose driver license had been suspended by the California Department of Motor Vehicles for a Lapse of Consciousness that did not occur while driving.

Our 67 year old client has been a California licensed driver for more than 51 years.  In that time, he maintained a remarkably clean driving record and so distinguished himself as a courteous and cautious driver.  Highly educated and devoted to public service, our client had just retired after more than 40 years of working for the State of California.  He was looking forward to years of travel and enjoying his new found freedom.

Always an avid athlete, our client constantly worked out and was running marathons until his early 60’s.  On the afternoon of March 15, 2016, our client was just completing a 2-mile run with a friend when he felt dizzy.  He sat down and assumed he was dehydrated.  He was able to make his way home but just continued to “not feel right.”  He telephoned the advice nurse at a local Kaiser Permanente Hospital who interviewed him and determined there was no need for a hospital visit; but if he continued to feel poorly he could go to the emergency room.  A few hours later, he continued to feel poorly and so went to the hospital.

After numerous tests, it was discovered that that our client had suffered an Ischemic Stroke.  As the hours passed, the left side of his body was affected and he could not walk without aid.  Despite the fact he had never lost consciousness and despite the fact his stroke did not occur while driving, the Emergency Room physician prepared a Confidential Morbidity Report, which reported the event to the California Department of Motor Vehicles.

Shortly thereafter, our client received an “Order of Suspension/Revocation” from the DMV.  Based on the report from the emergency room doctor, the DMV assumed the worst and concluded that our client was not safe to drive.  Without delay, the DMV suspended his driving privilege on the spot.

DMV’s Position: The California DMV’s position was crystal clear. Because the information provided by the treating physician was that our client experienced a Lapse of Consciousness or Control, the DMV felt that our client posed an immediate hazard to the public and he was taken off the road.   The “Order of Suspension or Revocation” was for an indeterminate period of time, which essentially meant his driver license would be suspended forever, or until he addressed the issue.

Our Defense: When our client retained us, we immediately went to work to schedule his “Lapse of Consciousness” hearing with the appropriate Driver Safety Office in San Francisco.

Our defense began with a detailed interview of the client to determine his medical history and the details of what had occurred.  It was important to know everything about his medical history, driving history, work history and the event that brought him into the DMV’s focus.  Once we had extracted all of the information he could provide, we then embarked on a structured and focused path to collect affirmative medical evidence from a number of different doctors.  Because the DMV is notorious for using one issue to look into another, it was critical that we be prepared to address any concern the DMV hearing officer may have.  The preparation of our case including collecting positive medical evidence from:

• Client’s primary care physician
• Client’s neurologist
• Client’s physical therapist
• Client’s Sleep Apnea specialist
• Client’s medical records

After weeks of preparation, we were ready to present our case.  The hearing officer accepted all of our affirmative evidence without objection and considered the testimony of our client.  Because we were so thorough in preparing him, he testified with a high level of confidence.     When it came time for the hearing officer to cross-examine our client, she asked several probative questions, but our client was prepared and remained credible and engaged. When the hearing officer would try to shift focus and examine areas that were not relevant, we objected to control the scope of the questioning.

Conclusion: At the end of the hearing, the hearing officer was so impressed with our presentation that she told us she was prepared to reinstate our Client’s license immediately, provided he could pass a written test and a driving test.  The hearing officer was kind enough to schedule the testing for the very next morning.  Our client aced both the written and the driving tests and was fully reinstated on the spot.

Our client has fully recovered from his stroke, has fully recovered his driving privilege, and is finally enjoying his well-deserved retirement.

Call CDA Today.  Let us prepare you to win your hearing. 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 in any of the Driver Safety Offices in California.

Regardless of your age or your driving history, you deserve to drive as long as you have the skill and the ability to do so.  Don’t let the DMV suspend or revoke your driver license without a fight.  Call CDA today.