DMV Victory at a Lapse of Consciousness Hearing at the Bakersfield DSO
Case History: California Drivers Advocates was hired to defend a client whose driver license had been summarily suspended by the California Department of Motor Vehicles for a Lapse of Consciousness.
Our 76 year old client had been licensed to drive for 60 years and had a spotless driving record. He was diagnosed with Type I diabetes at the age of 13. For 63 years, he has been managing his disease and remaining compliant with his doctor’s orders. 30 days before his incident, our Client had finally made the decision to be fitted with an insulin pump and was still in a period of adjustment when this occurred.
On the day of his incident, our Client ate his normal breakfast at the same restaurant where he has been dining for 30 years. Leaving the restaurant, he began running a series of errands around town and before he knew it, the day had slipped away. It was late in the afternoon and he’d been so busy that he had forgotten to stop for lunch. A problem arose because his insulin pump didn’t know he had not eaten, but still injected him with insulin as it normally would. Our Client was on his way home when he began to recognize the tell-tale signs of hypoglycemia. He began to experience confusion and his vision became blurry. After 63 years of experience with diabetes, he instantly knew what was happening and so he immediately pulled to the edge of the road, parked his car and turned off the ignition.
Our Client then accessed the emergency supplies he always carries and took two glucose tablets to raise his blood sugar. While he waited for the tablets to take effect, he leaned forward and placed his head on the steering wheel. This was when a pedestrian walked up and asked if he needed assistance. He explained that he is diabetic and that he just needed some time to recover. The pedestrian was concerned and dialed 911. Within minutes paramedics and the California Highway Patrol had arrived. The paramedics examined him and determined it was not necessary that he go to the hospital.
When the CHP Officer arrived, our client explained the circumstances. Unfortunately, the CHP Officer also interviewed the pedestrian who had made the 911 call. During that interview, she told the CHP Officer that it looked like our Client was passed out behind the wheel when she walked up and the Officer took that to mean that our Client had suffered a Lapse of Consciousness. When the Department of Motor Vehicles received the Law Enforcement referral, they immediately moved to suspension rather than conduct an investigation.
When the “Order of Suspension or Revocation” arrived in the mail, our Client initially assumed he could represent himself and he contacted the Bakersfield Driver Safety Office to set his own hearing. He was just two days from his hearing when he decided to give us a call.
DMV’s Position: The California DMV’s position was crystal clear. Because the information provided by the CHP officer was that our client is a diabetic and had suffered a Lapse of Consciousness while driving, the department felt that he 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 could be suspended forever, or until he addressed the issue.
Our Defense: When our client retained us, we immediately went to work to reschedule his “Lapse of Consciousness” hearing with the appropriate Driver Safety Office in Bakersfield.
Because he was so late in contacting us, there was no way to be prepared for such a challenging hearing in only two days.
Our defense began with a detailed interview of the client to determine his medical history and the details of what had occurred. We then embarked on a structured and focused path to collect affirmative medical evidence from a number of different doctors. It was important to provide a comprehensive medical review because diabetes can negatively impact driving in a variety of ways.
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 had worked so hard to prepare him, he testified concisely and with confidence. We were able to demonstrate through evidence and testimony that our client’s diabetes is stable and that the event of hypoglycemia was caused as a result of a missed meal. Our client demonstrated that he is now using the alarm on his cell phone to remind him when it is time to eat.
To conclude the process, the hearing officer ordered that our Client perform a “behind the wheel” test and scheduled the test for the next day. Our client appeared and aced the driving test. Because the hearing officer had been so impressed with our presentation, she placed comments into the DMV computer that directed his driver license to be immediately reinstated if he passed the driving test and that is exactly what happened. Our client’s driving privilege was fully reinstated without any form of restriction or probation.
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.
Whether you’re 16 years old or 76 years old, the DMV will suspend your driving privilege in an instant if they suspect you have suffered a Lapse of Consciousness. If you receive notification that the DMV is suspending your driver license for any type of physical or mental condition, contact CDA immediately. Don’t wait until the last minute. These hearings can be won if you are represented by the right people.