DMV Victory at a Lack of Skill Hearing at the Poway Driver Safety Office
Case History: California Drivers Advocates was retained to represent a client whose driver license had been automatically suspended by the California Department of Motor Vehicles following a non-injury traffic accident in the City of Poway.
Our 83 year old client has been married for the past 62 years to a retired Air Force Colonel who was a prisoner of war in Vietnam. During her husband’s 6.5 year captivity, our client remained active in a support group for wives of POWs. She is truly a “salt of the earth” person who deserves our respect. Because of lingering injuries from his years of captivity, our client’s husband does not drive much so she is the primary source of transportation for them both. Because of their advanced age and because they live remotely, driving is critical.
In June 2016, our client was driving her husband home from a Father’s Day lunch when she decided to stop at a drive-thru car wash. She and her husband chatted while the mechanism moved their car through the automated car wash. At the end of the wash cycle, a light turned to green and our client lightly depressed the accelerator on her vehicle. Suddenly, the car took off like a rocket. Because of the lay-out of the car wash, she hit a curb within 15 feet, went up an embankment and then literally fell down a cliff on the other side. Fortunately, no one was injured; however a law enforcement officer referred the matter to the DMV for re-examination. In his referral, the law enforcement officer wrote that our client had “little or no recollection of the event and that she seemed disoriented.”
When the DMV received the law enforcement referral, they simply by-passed the Re-Examination process and went directly to suspension suggesting that she Lacked the Skill to drive.
DMV’s Position: The California DMV’s position was crystal clear. Because the law enforcement officer wrote that our client was disoriented and had no recollection of the event, the department presumed that our client was a menace on the roadway and immediately suspended her privilege to drive. Essentially, the DMV had concluded she was guilty before any evidence was presented.
Our Defense: When our client retained us, we immediately went to work to schedule her Lack of Skill Hearing.
Our defense began with a detailed interview of the client to determine the details of what had occurred. We also immediately worked with our client to collect valid medical evidence that her accident had not occurred as a result of any physical or mental disorder. During our research, we discovered that the make and model of our client’s car had been recalled many times as a result of unintended/sudden acceleration. Our client revealed that she had previously experienced instances of unintended acceleration. We were able to secure maintenance records from our client’s dealership which clearly demonstrated there was an acceleration problem with her vehicle.
Going into the hearing, our goal was to convince the hearing officer that our client’s accident was just that………. an accident. We set out to prove that she is physically and mentally capable of driving. Furthermore, we sought to demonstrate through her driving record there was no evidence to suggest was an unsafe of negligent operator. Finally, we sought to prove that the accident occurred as a result of poor car wash design and a mechanical problem with our client’s car. In short, we sought to rebut the DMV’s presumption that she Lacked the Skill to Drive.
When we opened the hearing, the Hearing Officer took the extraordinary step of saying that no one has ever prepared such a thorough and comprehensive list of affirmative evidence.
During the Lack of Skill Hearing, the hearing officer accepted all of our affirmative evidence without objection and took the testimony of our client. Because we had worked so hard to prepare our client, she testified with great emotion and credibility that made our position clear. When we had completed the direct examination of our client, the Hearing Officer asked precisely one question in cross-examination, exclaiming “Mr. Collier has covered everything.”
The hearing officer waved any requirement that our client take a written test but in the abundance of caution, scheduled her for a driving test the next morning. As the hearing ended, the Hearing Officer typed information into the DMV computer which directed that our client’s license be immediately reinstated if she passed the driving test.
The next morning, our client appeared for her driving test and passed with flying colors. As promised, her driver license was reinstated on the spot.
We were able to save our client’s driver license and she is back on the road caring for herself and her husband.
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.
The DMV has a myriad of reasons for taking a person’s driver license. Fortunately, in most instances the DMV must allow a person to defend themselves at a hearing and that is where we shine. Call CDA today, we will work hard to put you back on the road.