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DMV Victory at Reinstatement Interview at the San Bernardino Driver Safety Office

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Case History: California Drivers Advocates was engaged to represent a client whose driving privilege had been completely revoked for a period of eight years.  As a younger man, our client had amassed a large number of moving violations that eventually caused the suspension of his driver license.  Following the original suspension of his driver license, our client continued to drive illegally which resulted in 6 additional arrests and convictions for violations of Driving on a Suspended Driver License . Over the years, our client had been in and out of court, had several vehicles impounded and eventually served 63 days in the County Jail.

To his own credit, our client finally got to a point where he was sick and tired of looking over his shoulder and was fed up with making his own life more difficult.  Over the years he had repeatedly contacted the DMV in an attempt to reinstate his driver license, but each time he was denied.

Finally, our client contacted us and asked for our assistance in getting him back on the road with a valid driver license.

DMV’s Position: The California DMV’s position was crystal clear.  Under California Vehicle Code section 12810.5, the DMV is empowered to immediately suspend or revoke the driving privilege of any person who drives in a manner that is unsafe for himself or other persons on the roadway.  The DMV’s position is that any person who accumulates too many moving violations or “at fault” traffic collisions in a short span of time is likely not acting in a responsible manner and should be taken off the road.

Our client’s case was further compounded by repeated arrests and convictions for driving when he had been ordered off the road.  To put it bluntly, the DMV was not happy and they were not willing to return him to the road until he had modified his behavior.

Our Defense: When the client retained us, we immediately went to work to guide him toward establishing a change in his behavior.  Of course, this included him not driving at all for a period of time so that we could demonstrate that he was obeying the law.

Early in our investigation, we learned that some of our client’s arrests for Driving on a Suspended License had occurred when he was transporting a sick family member to medical appointments.  While not an excuse, it shed some light on why our client was ignoring an order to not drive.

In preparation for our hearing, we asked our client to attend an “on-line” driving course to demonstrate that he had refreshed his awareness of the rules of the road.

At the reinstatement interview our job was to convince the Hearing Officer that despite his checkered past, our client was ready to lawfully return to the road and to be a responsible driver.  We introduced items of affirmative evidence and statements from family members to demonstrate that our client had turned a corner in his life and should be given a “second chance” to do things right.  Our client testified with great credibility and accepted full responsibility for his actions.  We mapped out a plan that demonstrated our client was committed to modifying his driving habits and how he intended to do so.

In this particular case, we hit a home-run.  By successfully demonstrating that our client was no longer the reckless man of the past, the hearing officer was willing to take a chance on him.  He was permitted to reapply for a new driving privilege and was scheduled for a review of his driving habits in 90 days.

We were able to restore our client’s driver license and he is legally back on the road today committed to safe driving.   This is a perfect example of how knowledge and experience can make the difference.

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