What is a false or fraudulent Medical Examination Report? – All Californians recognize that the California Driver License is an enormously powerful and trusted document. If a person holds the California Driver License, it is believed that he or she had properly proven their identity, that they properly reside in the State of California, and that they possess the knowledge and the skill to operate a particular class of motor vehicle.
In some instances, the DMV will require that a driver applying for the issuance or renewal of a commercial driver license present medical proof that they are physically and mentally fit to operate a particular class of vehicle. In other instances, a Physical or Mental “Re-Examination” at the DMV may require the driver to provide positive medical evidence that an existing medical condition is stable and that they remain safe to drive.
At the DMV, Medical Examination Reports fall into two categories:
- Medical Examination Report (DL Form 51): The Medical Examination Report is a document prepared by a Physician, Physician’s Assistant, Advanced Practice Nurse, or Chiropractor to document that a driver meets the national medical standards necessary to operate a commercial vehicle.
As of May 21, 2014, only medical professionals who are listed on the National Registry of Certified Medical Examiners may prepare the DL Form 51. Any driver who is applying for the issuance of a Commercial Driver License or Special Certificate must file this form prior to the issuance of the Commercial Driver License, and it must be renewed every two years. Any operator of School Buses who is 65 years or older must submit a new DL 51 every year.
- Driver Medical Evaluation (DS Form 326): The Driver Medical Evaluation is a document prepared by a Physician, Physician’s Assistant, Advanced Practice Nurse or Chiropractor to document that a driver possesses the physical or mental health necessary to operator motor vehicles. This form is classically used by the Division of Driver Safety to evaluate a driver during the Re-Examination process. Unlike the DL Form 51, the Driver Medical Evaluation may be prepared by any medical professional most closely associated with the individual driver. This medical professional is not required to be listed on the National Registry of Certified Medical Examiners.
It will occasionally occur that a person applying for the issuance or renewal of a Commercial Driver License; or a person being Re-Examined by the Office of Driver Safety, may seek to introduce a false or fraudulent Medical Report to establish that they are physically or mentally capable of driving, when in fact they are not. As we all pass through life, our physical or mental capacity to drive may be negatively impacted by injury, disease or the natural aging process. If a person no longer possesses the physical or mental health to operate motor vehicles, they must terminate driving for the safety of the general public. Sometimes, drivers are not willing to “hang up their keys” and will submit false or fraudulent medical documents to circumvent the medical evaluation process. The DMV will consider this to be Fraudulent Activity.
What will happen if I submit a fraudulent medical report to the DMV?
Any attempt to circumvent the medical qualification process of the DMV will be identified as Fraudulent Activity. If the DMV suspects a person has submitted either a fraudulent Medical Examination Report or a fraudulent Driver Medical Evaluation, the department will begin the process to suspend or revoke the driver license.
Normally, a driver will discover they are in trouble when they open an envelope from the Department of Motor Vehicles to discover an “Order of Suspension/Revocation.”
The order will advise the recipient of the effective date the driver license is to be suspended or revoked, and will further advised him/her they have a particular period of time (normally 10 to 14 days) to request a hearing to fight the intended suspension.
If the DMV is successful in its action, it will deny, suspend, or revoke the driver license, commercial driver license, or Special Certificate of any person who has committed and act of fraud. The period of denial, suspension or revocation is for a minimum of one-year.
What are my rights if the DMV wants to suspend or revoke my driver license?
Once it is obtained, the California Driver License is a vested a property right that is directly tied to the driver’s freedom, happiness, and ability to derive income. Based on this, the suspension or revocation of a driver license or special certificate requires that the accused driver be entitled to Procedural Due Process. This means, he or she has a right to fight for themselves and to rebut the DMV’s case.
If you have received an “Order of Suspension/Revocation” in the mail because the DMV suspects you filed a false or fraudulent medical report, all is not lost. You do have the right to fight to protect your driving freedom.
You have the right to schedule and conduct a Fraudulent Activity Hearing at the Driver Safety Office located closest to your home. The Fraudulent Activity Hearing is your opportunity to introduce evidence, attack evidence, cross-examine witnesses and essentially challenge the DMV’s case. The Fraudulent Activity Hearing is a full-blown evidentiary hearing that is run in strict adherence to California Administrative Law. Few Californians have the training or experience to successfully fight at such a hearing without guidance.
If your driving privilege is important to you and if the DMV is trying to take you off the road, you should telephone the DMV Defense Experts at California Drivers Advocates. Our team of Defense Experts has been fighting and winning Fraudulent Activity hearings for years. Sometimes the DMV is acting on a mistake or misinterpretation of facts. Other times, they don’t have the evidence necessary to prove their case. Either way, don’t let the DMV steal your driving privilege without a fight. Call CDA today.