DMV Win at a Lapse of Consciousness Hearing at the Oakland DSO

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 after the department received a Confidential Morbidity Report from a physician’s assistant at an emergency room in Concord, Ca.  Our client had suffered a sudden drop in blood/sugar and was transported to the hospital by ambulance.  When his 15 year old son reported that our client had suffered a Lapse of Consciousness, the DMV automatically concluded that he was not safe to drive.  Our client’s case was further complicated by the fact that he suffers with a host of medical disorders and takes several different types of medications.

Our 49 year old client developed a brain abscess in 2006 requiring brain surgery.  He then suffered an acute kidney injury in 2016 leaving him with 30% function of his kidneys.  He also underwent gastric bypass surgery that caused him to develop an associated condition known as “dumping syndrome.”  Although not a diabetic, our client can suffer a sudden crashing of his blood/sugar levels when he eats certain foods.  Finally, he suffers with acute spinal stenosis which requires the use of medications for pain control.

On the morning of his incident, our client awoke at home and started his day as he normally would.  He ate breakfast and took his morning medications.  He drove 70 miles to work and spent the entire day in the office.  He properly ate lunch and took his midday medications.  Our client has a weakness for sweets and so before leaving work, he ate several gum drops.  Although he recognizes the candy may cause him to suffer an episode of “dumping” he has lived with this condition for so many years he knows accurately how long it will be before his blood/sugar levels are affected.  He presumed he would be home long before he had any ill effects from the candy.

After eating the candy, our client left work and began the 70 mile return trip to his home.  Just minutes from his home, he began to experience severe cramping in his hands which is a side-effect of his spinal stenosis.  Knowing he was only blocks from home, he took a pain killer and arrived safely at home.  While at home, he was experiencing no relief from the pain killer so he took a second dose.  What he didn’t realize was the second dose of pain killer was masking the hypoglycemic effects of a “dumping” event and before he knew it, his consciousness had been altered.  He never lost consciousness; however, his ability to function was definitely effected.

After taking emergency doses of glucose and apple juice did not reverse the effects, he was transported to an area hospital where he was examined by a Physician’s Assistant who ultimately reported he event to the DMV.  In preparing the Confidential Morbidity Report, the PA also indicated that our client is a “polypharmacy” patient; meaning he uses several medications.  Obviously this was a huge Red Flag for the DMV.

DMV’s Position: The California DMV’s position was crystal clear. Because the information provided by the treating emergency room Physician’s Assistant was that our client had suffered a “lapse of consciousness”, even though he had not been driving, it was presumed he posed an immediate hazard to the motoring public and the DMV immediately issued an order removing him from the road.  The DMV’s plan was to keep his license in a status of suspension, until such time as he could prove his fitness to drive.  So essentially, the DMV decided to act first and ask questions later.

Our Defense: When our client retained us, we immediately went to work to schedule his “Lapse of Consciousness” hearing with the Driver Safety Office in Oakland.  Because the DMV refuses to grant a Stay of Suspension in these cases, we arranged for the hearing to occur as quickly as possible, but because our client commutes 150 miles per day, any period of suspension created a tremendous hardship.

Our defense began with a detailed interview of the client to determine his entire medical history and to examine the details of what had occurred.  We then embarked on a structured and focused path to collect affirmative medical evidence for our case.  Our client met with several physicians for medical examinations and then we encouraged the physicians to prepare Drivers Medical Evaluations to address each of their individual areas of medical expertise.  In each case, the reporting physicians concluded that our client’s episode of hypoglycemia was the result of crashing blood/sugar levels that were masked by the presence of pain medication.   In every instance, his doctors concluded this single episode was not an indicator of future problems and each one cleared him for driving.

After weeks of preparation, we were ready to present our case.  Years of experience in representing drivers has taught us to be prepared for anything.  Because of this, our client was prepared for a written test, a vision test and a driving test if required.  Fortunately, none of that was required; however, our client was prepared nonetheless.

We have also learned that diligently preparing our clients for testimony is vital. Because we had invested so much time to prepare our client to testify, he did so with great confidence and credibility.  Our direct examination of the client was so comprehensive that the Hearing Officer did not ask a single question in cross-examination.  Not one.

Our client had walked into the hearing with a suspended driving privilege.  Sixty minutes later, he walked out of the hearing with his driving privilege fully reinstated without any restriction or Medical Probation. Today our client is driving safely and continuing to monitor his health.

Call CDA Today.  Let us put you on the road to victory! The DMV Defense Experts at California Drivers Advocates include Administrative Advocates, 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 your driver license has been suspended or revoked because you suffer with a physical or mental disorder characterized by a Lapse of Consciousness or control, don’t despair.  There are thousands of Californians with challenging medical conditions who drive every day because they can prove that they medically stable.  Just because a person has diabetes, epilepsy or other seizure disorders doesn’t mean they can’t drive.

These hearings can be won and you can be returned to driving.  Let us get you there.  Don’t let the DMV steal your driver license without a fight.