What is a Re-Examination Hearing for Lack of Skill?: Within the California Department of Motor Vehicles (DMV) is an enforcement bureau known as the Driver Safety Office (DSO). This is the DMV’s version of a court house and is where DMV Hearing Officers evaluate drivers to determine if there is good cause to suspend or revoke their driver license.
The California DMV has broad powers to suspend or revoke the driving privilege of any person they suspect does not possess the skill necessary to safely operate a motor vehicle. Known as a “Lack of Skill” Hearing, this type of Re-Examination does not necessarily require that a person be suffering with a medical condition that makes them unable to drive. The DMV can act to suspend or revoke a person’s driving privilege if there is any evidence to suggest that the driver does not possess the knowledge and/ or skills necessary to safely drive.
For example, if a perfectly healthy driver has reached an age where their arms and legs don’t move as quickly as they once did, the DMV may determine that to be a Lack of Skill. If, during the process of renewing a driver license, a person is not able to pass a written test demonstrating their knowledge of “rules of the road,” that person could be determined to have a Lack of Skill. Essentially, the Lack of Skill Re-Examination is a “catch-all” for the DMV when no other category of Re-Examination applies.
The Re-Examination Hearing for a Lack of Skill permits a DMV Hearing Officer to use a number of criteria to determine if a person is safe to drive. This is also an opportunity for the driver to defend himself and to present evidence that reverses the DMV’s course. Representation by a DMV Defense Expert is the best way to ensure that your rights are protected.
What Happens if I Don’t Participate at a Re-Examination Hearing for Lack of Skill?: The moment you receive a “Notice of Re-Examination” for a Lack of Skill, you must begin to plan your defense. It IS NOT illegal to refuse to participate in a Re-Examination Hearing with the DMV. You cannot be convicted of a crime and a fine cannot be levied against you because you refuse to play their game.
With absolute certainty, however, if you refuse or decline to participate in a Re-Examination Hearing, you WILL lose your privilege to drive indefinitely. Once the DMV has suspended or revoked your driver license you may not drive (for any reason) until you have taken corrective action to have your driving privilege reinstated.
The DMV possesses the absolute power to strip you of your driving privilege. Only you can take the action to prevent it. The only path to preventing this suspension is to schedule and WIN the Re-Examination Hearing. The likelihood of victory increases exponentially if you are represented by a DMV Defense Expert from CDA.
Let US Schedule Your Lack of Skill Re-Examination Hearing!
The DMV’s suspension or revocation of your driver license is an automatic process. Defending yourself is not. To prevent the DMV from taking this action against you requires a rapid, thoughtful, and focused response. We have been challenging the DMV for decades and have a long history of WINNING for our clients.
If your driving privilege is important, don’t leave anything to chance. CALL US NOW! We will schedule your Re-Examination Hearing immediately and begin guiding you through the steps necessary to get you back on the road.