DMV Victory Lapse of Consciousness Hearing at the Orange DSO

Case History: California Drivers Advocates (CDA) was engaged to represent a client whose driver license had been immediately suspended by the California Department of Motor Vehicles after receiving a Law Enforcement Referral from a Huntington Police Officer.

In his referral to the Department of Motor Vehicle (DMV), the police officer determined that while he was investigating her solo-vehicle traffic collision, our client seemed “disoriented, confused, and unaware of what had happened.”   While strapped to backboard in an ambulance, our client was asked why she could not recall the events of the accident.  She commented that she must have “blacked out” and the officer took that to mean she had suffered a “Lapse of Consciousness.”

Our client’s case was further complicated by the fact that she had a history of fainting episodes related to stress and dehydration, so the DMV immediately suspected that her traffic accident was just another instance of “syncope” that had occurred while driving.  Because they didn’t clearly understand the events in the traffic accident, the DMV jumped to an unconfirmed conclusion and suspended the driver license.

DMV’s Position: After reading the Law Enforcement referral and then reviewing her previous medical history, the DMV immediately jumped to the incorrect conclusion that our Client’s traffic accident was the result of a Lapse of Consciousness as evidenced by her commenting that she had “blacked out.”   It would later become clear the comment was taken completely out of context, but the DMV didn’t care. They moved right to immediate suspension and challenged us to prove them wrong.

Our Defense: When our client retained us, we immediately went to work to schedule her “Lapse of Consciousness” hearing by contacting the Driver Safety Office in the City of Orange.

As always, our defense began with an extremely detailed interview of the client to determine her life history, medical history and driving history.  We also explored the actual events of her traffic accident.

We began the task of investigating and collecting affirmative evidence to demonstrate our position.  This included collecting and reviewing old medical records as well as having our client examined by several physicians to demonstrate that she was physically and mentally fit to drive.

As our case came together, it became clear that the traffic accident was the result of a “pedal misapplication” where our client’s foot had slipped from the brake pedal onto the accelerator.  She shot across an intersection, went down an embankment and rolled her vehicle.  In the course of the collision, our client struck her head on the A pillar in the car and had been knocked unconscious by the deploying air bags.  Her confusion and inability to recall the events of the accident when interviewed by the police officer were the direct result of a concussion.  She had in fact suffered a “Lapse of Consciousness” in the traffic accident from a blow to the head.  She had not suffered a Lapse of Consciousness from a Physical or Mental disorder.

We spent a great deal of time preparing our client for her hearing.  When we appeared with her, she was nervous but completely ready.  She passed a written test and a vision test before the hearing.  During the hearing, she testified honestly and with great clarity.  There was no question that she understood her case, understood her defense and had come prepared.  At the end of direct examination, the hearing officer asked precisely two questions; nothing more.

Our client was not required to perform a driving test and one week later, we received the Hearing Officer’s written decision in the mail.  We had won and our client’s driving privilege was fully reinstated without restriction or probation.

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.

If you have a physical or mental disorder that could affect driving, the DMV should not discriminate against you.  As long as your medical condition is stable, you should be permitted to drive.  If the DMV jumps to the conclusion that past medical history is the cause of a current event, you have the right to prove them wrong.  You have the right to defend yourself.  Don’t let the DMV steal your driving freedom without a fight.  Call CDA today, you’ll be glad you did.