DMV Victory – Lack of Skill Hearing – San Diego
Case History: California Drivers Advocates was retained to represent a client whose driver license had been completely suspended by the California Department of Motor Vehicles following a non-injury traffic collision.
Our 87 year old client is a missionary who drives extensively throughout Latin America to provide medicine, food and basic supplies to the indigenous people there who are terribly poor. The work out client has done over the past 50 years has saved countless lives, but relies heavily upon his ability to drive. He has been driving for more than 70 years and had a remarkably clean driving record. Despite this, the DMV was prepared to take him off the road.
In June 2015, our client was driving away from his home to run errands when he realized he had forgotten an important item. He returned to his driveway and exited his car. Unfortunately, he left the manual transmission in “neutral” so when he returned to his car, he discovered it rolling backward and watched as it collided with one of his neighbor’s cars that was parked on the street. Our client retrieved his car and then returned to the scene to leave a hand-written note for the owner of the damaged vehicle, identifying himself explaining what had happened. When the owner of the damaged car called, our client provided all necessary insurance information and the neighbor’s car was quickly repaired. During his conversation with our client, however, the neighbor concluded that our client should not be driving and he reported the incident to the DMV, which triggered the Re-Examination process.
Our Client appeared for his “Re-Examination Appointment” as scheduled and without representation. He passed a written test and a vision test but, unfortunately, he did not pass the behind the wheel “Driving Test.” The DMV granted him a second attempt at taking the driving test, but our client failed a second time as well. Also, during the interview with the DMV Hearing Officer, our client made some comments that gave the DMV cause to suspect he may suffer with some medical ailments. Based on their concerns and the failure to pass the driving test, the DMV summarily suspended our client’s driver license for a Lack of Skill.
DMV’s Position: The California DMV’s position was crystal clear. Because our client failed to pass a Supplemental Driving Performance Evaluation, they suspected he no longer possessed the skill necessary to safely operate a motor vehicle. Also, because our client had made statements which caused the hearing officer to conclude that he may suffer with a Physical or Mental condition, they just were not prepared to put him back on the road.
Our Defense: When our client retained us, we immediately went to work to schedule his 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 also immediately filed a request for a Special Instruction Permit which would allow or client to practice driving with a licensed instructor. Initially, this request was also rejected, but perseverance and professionalism won out and our client was awarded a Special Instruction Permit.
Going into the hearing, our primary goal was to ask the hearing officer to grant our client a 3rd attempt at taking the driving test. We knew, however, that the DMV Hearing Officer would not be satisfied with just another attempt at a driving test. Because our client had opened up a can of worms when testifying about his physical and mental health at the Re-Examination Interview, we knew we must be prepared to introduce affirmative evidence to address those issues.
Using a tried and true method of preparation, we directed our client to meet with a series of doctors to address each concern the hearing officer may have. We collected vital medical evidence and prepared our client for testimony. Over the course of several weeks, our client used the Special Instruction Permit to log many hours of instructional driving with a professional drive instructor.
At 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, he testified with great emotion and credibility that made our position clear. While our client was willing to downgrade to a restricted driver license, we had great faith in his ability and encouraged him to move forward to seek the full reinstatement of his privilege.
Outcome: In the end, our client excelled and passed every test that lay before him. Two weeks after the hearing, our client passed his driving test with flying colors. Because we anticipated the hearing officer’s concerns, our evidence calmed any fear regarding his physical and mental health. One week later, we received an “Order of Reinstatement” in the mail that brought the ordeal to an end.
We were able to save our client’s driver license and he is back on the road doing the good work of providing for the poor people of Mexico.
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.