Reexamination Orders and Lack of Skill Hearings: Important Factors to Consider

Under its discretion, the California Department of Motor Vehicles may order a driver to take a DMV reexamination. When a person who has already been issued a California Driver’s License, they may be called to participate in a reexamination if there is a perceived deficiency of driving skill. If you or someone you know has been ordered to take a DMV reexamination, it is important to seek the appropriate help from an experienced group of Advocates. 

Reexamination Orders

A California Department of Motor Vehicles order of reexamination may be presented by several means. The following list demonstrates some of the most common ways in which an order for reexamination may be issued. 

1. Traffic Stops or at the Scene of a Traffic Accident
   1. If a driver is stopped by a police officer or a highway patrolman, or is contacted during the course of a traffic accident investigation,  the officer may conduct a brief interview that can help him or her determine if the Department of Motor Vehicles should conduct an reexamination of the person’s fitness to drive.
   2. The traffic stop can happen for many reasons; however, the DMV will likely be notified if the commuter was driving in a dangerous, disoriented or negligent manner.

1. Driver’s License Renewals
   1. An order for reexamination can happen at the time a driver petitions for a renewal for his or her driver’s silence.
   2. Generally, this will happen if the driver has new vision issues or other disorders that effect their physical or mental capability of driving.

3. Doctor’s Referral

                       a.)   If a physician reports a physical or mental disorder that may affect a person’s ability to drive, the DMV may initiate a reexamination or may proceed directly to immediate suspension.

• Report from Another
  1. The California Department of Motor Vehicles may be made aware that a driver should be reexamined by a family member, friend, or anonymous individual who has submitted the suggestion. 

Driver’s License Suspensions

When a person has been notified that he or she will need to be reexamined by the DMV, the driver’s license may or may not be suspended right away. A driver’s license may be suspended immediately if there is enough evidence that demonstrates the driver’s lack of skill, knowledge or fitness presents an immediate hazard to the motoring public. It does not take much for the DMV to presume a driver is unfit to drive.

In many instances, however, driver license will not be suspended immediately and a reexamination  will be granted before the license is suspended. 

Senior Drivers

DMV orders of reexamination are not specifically set to target mature drivers; although it often appears that way. If you or someone you know is over the age of 70, this does not necessarily indicate that the DMV will automatically make you a target. In fact, the California Department of Motor Vehicles will only ask for reexaminations from those who have demonstrated a lack of skill or knowledge to drive; or who may have a medical disorder that makes them unsafe. If you have reason to believe that you were unjustly targeted, obtain the help and support of an experienced and qualified DMV Advocate.

Suspended Driver’s Licenses

A driver who has lost his or her driving privileges in the aftermath of an order of reexamination can petition for a hearing. It is important to understand that it is possible to regain driving privileges. If you or someone you know has had their driving privileges suspended, contact the help and support of a qualified DMV Advocate Team.

California Drivers Advocates are experienced in  all forms of reexaminations and the more complicated hearings that follow. The California Drivers Advocates provide the necessary help and support to help motorists through a lack of skill hearing. Do not allow a failed reexamination to hinder your ability to drive a vehicle, consult an experienced professional as soon as possible.