DMV Victory at Re-Examination Hearing at the San Bernardino Driver Safety Office
Case History: California Drivers Advocates was engaged to assist our client in fighting to restore his/her driving privilege because the DMV suspected he/she suffered with both physical and mental conditions that made him/her unsafe to drive. Our 61 year old client went to his/her family physician because he/she was experiencing some slight memory problems and had begun stuttering.
The family physician referred our client to neurologist who interviewed him/her and then immediately reported the issue to the DMV because the doctor felt he was “mandated by law” to do so. Although the doctor told our client that he believed he/she was safe to drive, the doctor had no choice to report the issue to the DMV.
Thinking this was a simple fix, our client entered the DMV’s re-examination process alone and unprepared. First of all, he/she failed a written test because he/she wasn’t prepared and secondly he/she made admissions to the DMV hearing officer regarding medical conditions of which the DMV was not aware. The department suspended the driver license on the spot.
DMV’s Position: The California DMV’s position was crystal clear. If the department receives a medical referral from any physician suggesting a driver may have a physical or mental condition which makes them unsafe to drive, the DMV will act first and ask questions later.
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 is fraught with problems and a driver is not entitled to be represented, because the DMV is merely conducting an “interview.” Well, our client’s interview didn’t go well. In fact, he/she revealed more information to the DMV than they suspected and the hearing officer suspended his/her driver license on the spot.
Once such a suspension occurs, the driver’s privilege will not be reinstated until they prove their ability to safely drive. To make this happen, the driver must schedule, conduct and win a Re-Examination Hearing.
Our Defense: 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 carefully followed a plan to collect pertinent physical and mental health evidence that rebutted the DMV’s suspicion. We prepared our client to again challenge the written test, he attended an on-line driving course and we went through an extensive process to prepare our client for examination and cross-examination.
When we entered the hearing, our case was fully prepared for presentation and our client was ready and confident.
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 dynamic.
At the end of the Re-Examination Hearing, the hearing officer scheduled our client for a “behind the wheel” test at a local DMV Field Office, however, the Hearing Officer took the extraordinary step of telling our client she was confident in his/her ability to drive. She told our client if he/she passed the drive test, the driver license would be reinstated on the spot.
One week later, our client passed the drive test and the examiner cleared him/her to resume driving immediately. Two weeks after that, we received official notice in the mail that the DMV had “Set Aside” the suspension of our client’s privilege and he/she was returned to full driving privileges.
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.