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Lack of Skill Hearing: Steps to Consider Once You Have Failed Your DMV Request to Reexamine

The California Department of Motor Vehicles can ask you for a reexamination for several reasons. The most common reason involves someone else, usually another motorist or police officer who has witnessed erratic driving, asking the DMV to reexamine you. While these are the most common, being targeted by the DMV for Lack of Skill can happen for many other reasons found here. If you have been asked for a reexamination and have failed, understand that your ability to drive will likely be suspended. Once the suspension has been given, you have the legal right to challenge this decision. By consulting a lack of skill hearing advocate, you have the possibility of regaining your ability to drive a vehicle.

The following are a few basic elements that can assist you in your journey to recuperate your ability to drive. 

Understanding the Decisions the DMV Can Make After You Have Taken a Reexamination

Once you have taken a Department of Motor Vehicles reexamination, one of the following actions can be taken:

  1. No action is needed
    1. The driver’s condition and/or driving record did not necessitate any action to be taken against his or her driving privilege.
  2. Type I Medical Probation
    1. Fulfill the required medical treatment and advise the DMV if there are any changes to your medical situation.
  3. Type II Medical Probation
    1. A medical specialist is required to submit medical reports on a periodic basis to the Department of Motor Vehicles
  4. Reexamination
    1. Scheduled requirement to appear for a reexamination
  5. Driving Restriction
    1. Restrictions have been made to the driver’s ability to operate a vehicle.
  6. Suspended License
    1. The driver’s license has been suspended for an undefined period of time.
  7. License Revocation
    1. A driver’s privilege to conduct a vehicle has been terminated. 

Factors that Could Be Beneficial During the Lack of Skill Hearing

Having a license suspended after a reexamination is not the final say in your ability to drive. You have the right to appeal that decision and in order to better your chances, attempt to follow some of the following suggestions:

  1. Consider driving lessons
  2. Whether you have been a long-time driver or are a fairly new licensed motorist, taking driving lessons can help you tremendously in a lack of skill hearing. By taking driving lessons, you can demonstrate that you are making an effort to be a safe driver and abide by applicable rules and regulations of the road.
  3. Prepare for a convincing hearing
    1. DMV hearings can be intimidating, especially if you depend on an automobile to get to your place of work or even use your auto for employment. Knowing that the hearing can determine whether or not your driving ability will be reinstated can be nerve wrecking. In order to prepare for a strong and convincing hearing, practice what you will say. Ask another person to help you practice your responses as well as to help you determine if the answers you are providing are helpful to your case or if they are damaging.
  4. Attend the hearing with a positive attitude
    1. Do not attempt to attend the lack of skill hearing with a negative or defensive attitude. This can hurt your chances at recuperating your driver’s license. Lack of skill hearings are actually less formal than other similar hearings. Often, hearing offices will attempt to help individuals recuperate their license. Do not risk this support by becoming defensive and condescending. DMV defense experts representing you at your hearing can make all the difference. 

The Bottom Line

There are several actions the California Department of Motor Vehicles can take against your driving privileges. If you have been called for a reexamination and have failed this examination, it is important that you understand that you have the right to challenge this decision. Speak to a qualified professional who can guide you through the appeals process.

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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