Re-Examination Hearing – San Francisco Driver Safety Office

Case History:  California Drivers Advocates was engaged to assist our client in fighting to restore his driving privilege because the DMV suspected he suffered a Lapse of Consciousness while driving. In October 2015, our client was driving on a dark section of Highway 1 when he collided with a vehicle that was parked at the side of the road. After the initial impact, our client’s vehicle went over an embankment and came to rest just feet from the Pacific Ocean. When the responding San Mateo County Sheriff’s Deputy arrived, he said that our client seemed disoriented and had admitted to taking medications. The investigating Deputy put our client through an entire battery of Field Sobriety Tests, but quickly realized that he was not impaired. The Deputy released our client from the scene, but not before preparing a “Notice of Regular Re-Examination” to the DMV.

Our Client had a history of seizures dating back many years that began as a result of a fall. So, when the DMV received the Notice of Regular Re-Examination and they realized he was a person with a history of seizures, the Department assumed that the crash on Highway 1; and the Deputy’s observation of him being disoriented, must mean that he had suffered a seizure.

The DMV scheduled a “Re-Examination Interview” at the San Francisco Driver Safety Office, which our client attended alone. He was not represented and was not prepared for the probing questions of the DMV Hearing Officer. Our client cooperated fully and revealed several medical ailments of which the DMV had no knowledge; including information that he had been diagnosed with anxiety and depression during the death of a family member.

Armed with the information that our client had a history of seizures and that he had been taking medications to treat anxiety and depression, the DMV Hearing Officer immediately suspended his driver license for an indeterminate period of time.

DMV’s Position:  The California DMV’s position was crystal clear. If the department receives a referral from a Law Enforcement Officer asking that a driver be Re-Examined to determine their fitness to drive, the DMV will assume the worst.

In this case, the DMV did not immediately suspend our client’s driver license but called him in for a Re-Examination “Interview.” This step in the Re-Examination process is fraught with problems and a driver is not entitled to be represented because the DMV is merely conducting an “interview.” Clearly our client’s interview didn’t go well.   In fact, in an attempt to appear fully cooperative, he revealed more information to the DMV than they suspected and the hearing officer suspended his driver license on the spot.

Once a suspension is ordered for a suspected physical or mental condition, the license will remain suspended indefinitely. In order to reverse the suspension, the accused driver has no choice but to schedule a “Re-Examination Hearing” to rebut the DMV’s suspicions and to prove that he or she is safe to drive.

Our Defense:  Thankfully, our client contacted us immediately after receiving the Order of Suspension in the mail. Because he did not delay in retaining us, we were able to contact the San Francisco Driver Safety Office within the first 14 days to schedule a Re-Examination Hearing.

As is the situation in all of our cases, the secret to success was a complete investigation, thorough preparation, and a robust presentation at the Re-Examination Hearing. Our client was fully committed to following our instructions. We worked hard to collect relevant medical evidence from our client’s primary care doctor, neurologist and psychiatrist to rebut the DMV’s suspicions. We prepared our client to challenge the written test, he attended an on-line driving course and we went through an extensive process to prepare him for examination and cross-examination.

When we finally entered the hearing, our Client was terribly nervous, but he was ready. Because we had worked so diligently to prepare him for testimony, he immediately found a level of comfort that he did not have during his initial “interview.” He completely engaged the Hearing Officer and presented himself with confidence and credibility.

We were able to successfully demonstrate that the traffic accident occurring on Highway 1 was simply an accident and was not caused by any Physical or Mental condition.

 Outcome: Entering the Re-Examination Hearing we were 100% prepared. We introduced all of our evidence, our client testified perfectly and our closing argument was robust and comprehensive.

At the end of the Re-Examination Hearing, our client was able to pass the written test with a score of 100% accuracy. The hearing officer scheduled our client for a “behind the wheel” test at a local DMV Field Office. One week later, our client passed the drive test with flying colors.

At this point, our Client had successfully addressed every phase of the Re-Examination process: Written Test, Vision Test, Driving Test and Hearing.

We served the DMV with a formal “Request to Terminate Suspension.”    One week later, we received the Hearing Officer’s final decision in the mail. She had issued an “Order of Set Aside or Reinstatement” which finally brought our client’s matter to an end. We had won our client’s hearing and his driving privilege was reinstated without restriction or medical probation.

If the DMV is ordering you into a “Re-Examination,” call us immediately.   If the DMV announces that they intend to suspend or revoke your driver license for a physical or mental problem, don’t despair. You have an absolute right to examine the evidence against you and to work to prove that evidence is incorrect. Everything the DMV does, however, is time sensitive. If you have received an Order of Suspension because of a physical or mental ailment, you may only have 10 to 14 days to schedule a hearing. At California Drivers Advocates, we’ve seen every play in the DMV’s book. We know what they are doing and we know how to turn it around.