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California DMV Hearing – Lack of Skill

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Restricted Driver's License

Why does the DMV Suspend a Driver License for Lack of Skill?  Any California resident who seeks to be issued a California Driver License understands there is a process by which all applicants must qualify before being granted the privilege to drive. Known as the Examination process, new applicants must establish the following:

  • Proper and legal identification
  • Proper and legal residency in the State of California
  • The knowledge to safely drive
  • The skill to safely drive

Once a California driver license is issued, all drivers come under the watchful eye of the California Department of Motor Vehicles (DMV). Throughout their entire driving life, California drivers are monitored and scrutinized by the DMV to ensure they maintain the ability to safely operate motor vehicles on our public roadways. If at any point the DMV receives information which suggests a driver may no longer possess the knowledge, skill or ability to safely drive, the department possesses the absolute power to re-evaluate that driver and to suspend or revoke the driver license if necessary to protect the public. Known as the Re-Examination process, the DMV has the absolute power to put the driver through a rigorous process to essentially re-qualify them for driving. As part of the Re-Examination process, the DMV classically will suspend a person’s driver license for the following reasons:

  • Physical or Mental conditions that make a person unsafe to drive;
  • Lapse of Consciousness for persons who suffer a seizure, dizziness or fainting episode;
  • Lack of Skill

Here we discuss the driver license suspension for a Lack of Skill. There can be a number of different reasons for an experienced driver to be accused of a lack of skill. We find that mature drivers seem to be the focus of the Lack of Skill suspension more than others, but any driver can be drawn into this process. Here are a few reasons the DMV may suspect you Lack the Skill to drive:

  • The driver’s inability to pass a written test when renewing their driver license;
  • The driver’s inability to pass a driving test;
  • A driver misapplies a brake or accelerator pedal causing an accident;
  • A driver who does not yield to an emergency vehicle with lights and siren running.

The bottom line is that if the DMV suspects you no longer possess the requisite knowledge and skill to operate a motor vehicle, they will move quickly to suspend your driver license.

What is a DMV Hearing for a Lack of Skill?

 If you have received and “Order of Suspension/Revocation” from the California DMV telling you that your driver license has been suspended or revoked for a Lack of Skill, you are probably, shocked, angry and confused; but don’t despair. Fortunately, the possession of a California Driver License is a vested property right and you are entitled to Procedural Due Process to reverse the DMV’s suspension of your license.

The process by which you fight for the restoration of your driver license is called a Lack of Skill Hearing. This is a full-blown evidentiary hearing where you are permitted to present evidence and witnesses. You are permitted to receive and challenge any evidence that the DMV intends to use against you and you are entitled to cross-examine any witnesses against you. Essentially, the Lack of Skill Hearing is run like a mini-trial.

The most important right you have is to be represented by a DMV Defense Expert who knows the law and understands the DMV process. The DMV Defense Experts at California Drivers Advocates are a group of Administrative Law Specialists who have been fighting and winning Lack of Skill Hearings for many years. We are staffed by former police officers, former DMV hearing officers, investigators and scientists all with the specific focus on beating the DMV at its own game. DMV hearings are all we do and we do it very, very well.

Everything the DMV does is time sensitive so it is critical that you begin to plan your defense quickly. Call CDA immediately so we can schedule your Lack of Skill Hearing and get you on the road to regaining your driver license. Time is precious when dealing with the DMV so call CDA now.

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