Case History: California Drivers Advocates was retained to defend a client whose driver license had been automatically suspended by the California Department of Motor Vehicles. The DMV took an immediate suspension action against our client’s driving privilege after they received a request for Re-Examination from a law enforcement officer who reported our Client had fainted while driving.
Our 30 year old client is a former Navy Seal and avid athlete. In addition to continuous running and weight training, he is heavily involved in the practice of Yoga and Deep Breathing Exercises. In May of 2017, he was just leaving work when he was involved in a traffic collision. Earlier in the day, he had gone for a five-mile run and just wasn’t feeling well. When he was leaving work that afternoon, he still felt unsettled so as he began driving, he began doing a deep breathing exercise. He had never done a deep breathing exercise while driving and was completely unprepared when he caused himself to pass-out.
Our Client only lost consciousness for a brief moment, but it was enough for him to lose control and he crashed into the side of a parking structure. Fortunately, no one was injured but when he admitted to the investigating officer what happened, the officer reported the event to the DMV and his license was suspended.
DMV’s Position: The California DMV’s position is crystal clear in matters of this nature. Throughout a person’s driving career, the DMV will monitor any driver to ensure they maintain the Knowledge, the Skill and the Physical/Mental fitness to driving. If the DMV receives information from any source; in this case a law enforcement officer, that the driver suffered a Lapse of Consciousness or Control while driving, the department will identify that as a clear and present danger to the safety of other drivers and will immediately suspend the driving privilege of the involved party.
Essentially, the DMV will shoot 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 the City of Orange. Because the DMV had already moved to an immediate suspension, there was no opportunity to request a “Stay of Suspension.”
Our defense began with a detailed interview of the client to determine his complete medical history and the details of what had occurred. We then embarked on a structured and focused path to collect affirmative medical evidence for our case. At our direction, our client met with his Primary Care Doctor, a Neurologist, a Cardiologist, and an Optometrist. The DMV would presume the Etiology of the event was unknown and would look to us to rule out all possibilities of a re-occurrence. It was our goal to present a broad spectrum of valid medical evidence that there were no physical or mental conditions whatsoever that would prevent him from driving. We sought to explain that this was an isolated incident that was not precipitated by an underlying medical condition.
In every instance, our Client’s doctors medically cleared him for driving.
At the hearing, the assigned hearing officer accepted all of our affirmative evidence without objection. Because our client is a man of such unblemished integrity, he walked into the hearing confident and ready to tell his story. Because we had taken so much time to prepare him for testimony, he was able to tell his story with great accuracy and resolve.
The Hearing Officer was so impressed with our presentation and our client’s testimony that he took the extraordinary step of reinstating our Client’s license on the spot. Today our Client is driving and will not performing deep breathing exercises while doing so.
Call CDA Today. Let us put you back on the road.
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 your driver license has been suspended because you suffer with a physical or mental condition characterized by a Lapse of Consciousness, don’t despair. Don’t let anyone convince you that you are in a hopeless situation. These hearings really can be won.