What is a Lack of Skill suspension at the DMV

Why does the DMV think I Lack the Skill to drive?

Any person who operates motor vehicles in the State of California is subject to the “Watchful Eye” of the California Department of Motor Vehicles (DMV).  The California DMV is one of the most powerful government agencies in the State of California because they possess the nearly unbridled power to suspend a person’s driving privilege at will.  The sudden loss of one’s driving freedom can cause serious financial troubles and can even affect one’s feeling of self-worth.

Because the unsafe operation of a motor vehicle can have devastating consequences, the California DMV will monitor all drivers in the state to ensure they remain courteous, safe and that they maintain the skill necessary to continue driving.  When it adopted our driving laws, the California State Legislature wrote sweeping provisions into the California Vehicle Code (CVC) that gives the DMV broad power to suspend or revoke a person’s driving privilege for virtually any reason it deems appropriate. Some of the more common reasons the DMV will suspend or revoke a driver license are:

• DUI
• Too many moving violations
• Too many accidents
• Physical or mental disorders
• Fraud
• Financial Responsibility
• Fatal Accidents
• Negligent or dangerous operation

One of the more powerful focuses of the DMV is a person’s ability or SKILL to drive. In most instances, a Lack of Skill suspension will actually begin as something entirely different.  For example, a driver may come into the DMV’s focus because of a physical or mental disorder, but then during that process, the driver may have some difficulty passing a written test or a driving test.  In that instance, the DMV will re-focus itself on a driver’s Lack of Skill as opposed to the original physical or mental concern.

Another example of what the DMV may determine is a Lack of Skill is the misapplication of control pedals.  If a driver’s foot slips from the brake pedal onto the accelerator, which causes a sudden acceleration and a crash, the DMV may believe that suggests the driver no longer possesses the skill to drive.  A simple slip of the foot may be viewed as something much more serious.

Although the DMV has a policy which prohibits age discrimination, the hard fact is that mature drivers often find themselves caught in a Lack of Skill suspension.  The hard truth is that as we age, our bodies begin to betray us.  Some of the physical changes that may affect an older driver’s ability to drive are:

• Changes in vision
• Changes in hearing
• Arthritis
• Gout
• Muscle weakness
• Muscle and joint point
• Reduction in Spatial Awareness
• Reduction in perception/reaction time

So again, virtually any issue that affects one’s ability to operate a motor vehicle may become part of a Lack of Skill suspension.

A large number of these cases begin with contact with a Law Enforcement Officer.  The DMV considers law enforcement officers to be nearly infallible and will take aggressive action based on the word of an officer.  If a police officer’s attention is drawn to you because of your driving pattern, an accident or a citizen’s report of erratic; that may cause a referral to the DMV. While speaking with you, if a law enforcement officer gets the impression that you are confused or don’t understand what you did wrong, that may also result in a DMV referral.

Essentially any information from any source which suggests that you may not be able to drive safely, may result in a Lack of Skill Suspension.

There are countless issues that may cause the DMV to suspect you lack the skill to drive.  Some examples are:

• Law Enforcement Contacts: Very often a Lack of Skill Suspension will begin with a contact between a driver and a law enforcement officer.  Perhaps you’ve been contacted by a law enforcement officer while he is investigating a traffic collision or following a traffic stop for a moving violation.  If during that contact the officer concludes your driving was unsafe or you don’t seem to understand what you did wrong, that may be a lack of skill.
• Poor driving. Many people believe that driving slowly is a sign of being safe.  Not so….  If you are driving at a speed that impedes other traffic, you could easily cause a traffic collision.  This may demonstrate a Lack of Skill.
• Sudden Acceleration. Many times we encounter drivers who are pulling into a parking stall and their foot slips off the brake onto the accelerator.  We’ve had clients experience sudden acceleration and crash through a store window.  This could indicate a Lack of Skill.
• Failure to pass a drive test. We’ve represented hundreds of drivers who have an excellent driving record but can’t pass a DMV driving test.  If you can’t pass a DMV driving test, the DMV will believe that to be a Lack of Skill.

California Vehicle Code Section 13953 is a “catch all” section that provides the DMV broad power to suspend or revoke a person’s privilege to drive based on very little evidence.  Not only that, it is your obligation to show the DMV they are wrong.   In other words the burden of proof is on you.

How do I prove to the DMV that I do not Lack the Skill to drive?

If you’re asking this question, clearly the DMV is in the process of suspending or revoking your driving privilege.   To properly defend yourself against such an attack you must evaluate three issues:

• Why is the DMV taking this action? What caused this problem?
• Do I really Lack the Skill to drive?
• Can this be corrected?
• Who should I select to represent me?

Why is the DMV taking this action? It is important for you to understand what has caused the DMV to focus on you.  Did you fail a written test?  Did you fail a driving test?  Did your foot slip off of the brake pedal onto the accelerator which caused a traffic accident?  It is important for you to have a clear picture of how you got here.  That way you can make a plan of attack.

Do I really Lack the Skill to Drive?  This is a very important question that only you can answer for yourself.  Every time we get behind the wheel of a car, we accept the profound responsibility of keeping other people safe.  If we have reached a point in our lives where we can no longer drive because of a physical or mental condition, then it is time to hang up our keys.  If we cannot safely drive because we have aged to a point where our vision, perception and reaction time are affected, it is time to stop driving.  This requires self-assessment and requires that we be honest with ourselves.  If you really do believe, however, that you still maintain the skill necessary to drive safely, then it is time to defend yourself.

Can this be corrected?  Again, this is an issue of self-reflection.  If you have a physical, medical or mental disorder that caused you to come the attention of the DMV; and, if that disorder can be corrected by treatment or medication, then you should fight for yourself.  If, on the other hand, the issue which brought you to the attention of the DMV cannot be corrected, reversed, or modified it may be time to relinquish your license.

Once you have decided to defend yourself, be zealous.  Be straight forward and fight, fight, fight.

Who should I select to represent me? The California Vehicle Code makes it clear that an accused driver may be represented by anyone of their choosing at a DMV Administrative Hearing.  You are permitted to represent yourself or you can be represented by an attorney.  You also have the option to be represented by an Administrative Advocate who is a professional that is specifically trained and experienced in such hearings.   We are a group of Administrative Law Advocates who do nothing but DMV Defense and, as such, we do it very very well.   If the California DMV has notified you that they intend to suspend or revoke your driving privilege because of a Lack of Skill, you are entitled to fight for yourself and your driving privilege at a formal hearing before the DMV.  You are permitted to present relevant witnesses and evidence to demonstrate you do possess the requisite skills to drive.

Known as a Lack of Skill Hearing, this is a full-blown evidentiary hearing where evidence is introduced, witnesses may testify and experts may offer opinions.  Legal arguments are waged and decisions are made.

If you are facing the prospect of losing your driving privilege for a Lack of Skill, you should be represented by a DMV Defense Expert with years of training and experience in fighting the DMV.  There is no school that teaches anyone how to conduct these hearings.  This is truly a specialty field that requires years of experience to master.

After self-reflection, you must decide whether or not to defend yourself against the allegation that you Lack the Skill to drive.  If the answer is yes and you wish to regain your privilege to drive, you simply must engage in an administrative hearing to have your case heard.  Known as a Lack of Skill Hearing, this is a full-blown evidentiary hearing where evidence is introduced, witnesses may testify and experts may offer opinions.  Legal arguments are waged and decisions are made.  Ultimately, the DMV has decided you Lack the Skill to drive.  In their mind, this is a closed case.  The only way to regain your privilege is to be aggressive in your own defense.

If you are facing the prospect of losing your driving privilege for a Lack of Skill, you should be represented by a DMV Defense Expert with years of training and experience in fighting the DMV.  There is no school that teaches anyone how to conduct these hearings.  This is truly a specialty field that requires years of experience to master.  The training, experience and devotion of your representative will have a direct impact on the outcome of your case.  The DMV Defense Experts at California Drivers Advocates have all of the tools necessary to defend you properly.

What does it take to prepare for a Lack of Skill Hearing:

A Lack of Skill Hearing is run very much like a mini-trial and therefore, preparation is the secret to success. When we take on a Lack of Skill Hearing, we do so with the intention of complete victory.  We want your driving privilege to be fully reinstated with no limitations or restrictions.  These are a few steps we take in the handling of a Lack of Skill Hearing.

• Schedule a Hearing. Once we have been engaged, the very first thing we do is to contact the Driver Safety Office closest to your home. We make a formal request for hearing both in writing and by telephone.  In scheduling your hearing we ensure we are provided enough time to be fully prepared.  We also work diligently to ensure we are assigned to a hearing officer who is smart, open minded and fair.
• Intake Interview. Once we have scheduled your hearing, we then conduct an extensive telephone interview with you to learn everything about you. We want to know who you are as a person. We want to know all about your personal history, driving history, criminal history and medical history.  We want all the details into what brought you to the attention of the DMV.
• Game Plan. Once the interview is complete, we create a “Game Plan” which is a check-list of things to be done.  This may include seeing doctors, attending an on-line traffic course or collecting evidence.
• Prepare for hearing. Once we collect all of our evidence, we prepared a “Notice of Affirmative Evidence” that we use to get all of your items accepted into evidence by the hearing officer.
• Prepare for Testimony. One of the most vital services we provide to our Clients is preparation for testimony.   We have been doing this for so long that we know what the DMV Hearing Officer needs to make a favorable decision.  In addition to preparing you for direct testimony, we also prepare you to be cross examined by the Hearing Officer.
• Conduct the Hearing. After weeks and months of work and preparation, the hearing is ready to be conducted.  We appear side-by side with you at the hearing.  While it is true that all DMV hearings are currently conducted by telephone, we are right there with you every step of the way.  We represent you, we argue for you and we fight the good fight.
• Hearing Concluded. Most Lack of Skill hearings conclude with the Hearing Officer take a written test, a driving test and a vision test.  This testing is not conducted at the Driver Safety Office. The testing is conducted at a DMV Field Office of your choosing.   The written test is a 25 question (multiple choice) test.  If you have difficulty, you may been given several opportunities to take the test.  The driving test is normally 30 minutes on the road where you drive around with an examiner and follow that person’s directions for driving.  In some instances, it is appropriate for us to ask the hearing officer to issue a Special Instruction Permit (SIP) which permits you to practice driving and to take professional instruction before the drive test.
• Follow-Up. Once the hearing if concluded we remain active in the case to ensure all loose ends are taken care of.

Call the DMV Defense Experts at CDA; we are ready to win your hearing

The DMV Defense Experts at California Drivers Advocates are a team of former police officers, DMV Hearing Officers, Investigators and scientists who are all focused on one thing.  Beating the DMV at their own game.  We have been fighting and winning all forms of DMV administrative hearings for many, many years.  Our experience comes from years of doing the job the right way.   Call CDA today, we’ll take the lead and get you back on the road.