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Lack of Skill Hearing: An Overview of the Process

It is without a doubt that drivers in the United States do not have an absolute privilege to be licensed drivers. When a United States citizen is of legal age, he or she can apply for a driver’s license in the state in which the individual is attempting to operate a motor vehicle. Once a person has been granted a license to drive, the driver has a legal obligation to drive cautiously. In order to be able to be licensed, the driver will need to pass a series of exams in order to be approved for a driver’s license.

There are events, however, that can bring a person to be required to take another exam in order to be able to continue to drive. The following is an overview of a few of the reasons as to why a driver may be asked to retake a driver’s exam and the events that would transpire should the motorist fail the required reexaminations.

Defining a Department of Motor Vehicles Reexamination

There are various reasons why the Department of Motor Vehicles may require a driver to reexamine for his or her ability to continue to drive. The Department of Motor Vehicles is legally obligated to investigate (reexamine) licensed drivers if these drivers have:

  • Experienced mental incapacities that are shown on his or her driving record
  • Have experienced any physical incapacities that are shown on his or her driving record

The Department of Motor Vehicles can obtain that type of information from any of the following sources that include but are not limited to:

  • A doctor or medical practitioner who has diagnosed a driver with incapacitating medical conditions
  • Emergency medical staff who may have been called to a location where a driver lost control of his or her vehicle due to a physical condition
  • A motorist’s family member or who has somehow become aware that the motorist is no longer able to drive his or her vehicle safely.

Lack of Skill Hearing

Once a person has been summoned to take a DMV reexamination and he or she has failed the exam, this person has the legal right to challenge the exam results. A failed exam will dictate the person’s inability to continue to drive. When the person chooses to challenge the decision, he or she can petition for a lack of skill hearing. This hearing will then give a person the ability to challenge the test’s results.

Petitioning for a lack of skill hearing can be a complicated process. While the hearing can help a person recuperate his or her driving privileges, it can also do the contrary.  Speaking to a qualified advocate can greatly improve a person’s chances in a lack of skill DMV hearing.

Challenging a Failed Reexamination

There are many reasons why a person may fail a DMV reexamination. With a failed exam, many people face the possibility of losing their jobs by not having a means of getting to work. While the DMV reexamination process is used to ensure safety in the road, if a motorist feels that there has been an error, the motorist has every legal right to appeal the rejection. By speaking to a qualified advocate, the motorist can recuperate his or her ability to drive.

California Drivers Advocates are experienced in lack of skill hearings. They provide the support necessary to help motorists through a lack of skill hearing. Do not allow a failed reexamination or other reason for a driving suspension waver your ability to drive, consult an experienced professional as soon as possible.

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California Drivers Advocates is a team of expert DMV Defense advocates. We represent drivers throughout California when their driver license comes into question with the California Department of Motor Vehicles.

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