What is a Mental Reexamination Hearing?: The California Department of Motor Vehicles has come to recognize that a person’s mental health or fitness can affect their ability to safely operate a motor vehicle. From time to time, the Department of Motor Vehicles (DMV) receives information suggesting that a particular driver may have a mental ailment, illness, disease, or limitation which renders them unable to drive safely.
This information can come from a variety of sources: Your physician or psychiatrist,Emergency Medical Personnel,Law Enforcement Officers,Letters from friends, family members, neighbors or anonymous witnesses,Your driving record,Application for or renewal of your driver license where you admit a medical problem.
Some of the issues or ailments the DMV may consider as evidence of mental incapacity are:Dementia or Alzheimer’s, Schizophrenia, Bi-Polar Disorder, Lack of Focus or Attention, Lapse of Consciousness, Narcolepsy.
If DMV suspects you have a mental condition affecting your ability to drive, they are mandated by law to evaluate you and make a determination about your fitness to drive. The process by which the DMV makes its determination is called the “Mental ” Reexamination Hearing. Often referred to as a “P & M” Hearing, this Reexamination requires the driver appear “in-person” before a Hearing Officer at a Driver Safety Office and to undergo an evaluation to determine if immediate suspension of the driver license is warranted. The Reexamination process can include a “face to face” interview, medical/mental evaluations, written testing, vision testing, and behind-the-wheel testing.
The Hearing Officer has the absolute power to terminate any further action and reinstate your full driving privilege. The Hearing Officer, however, may also order a form medical probation or may completely suspend or revoke your driver license.
Do not assume the Mental Reexamination Hearing is a friendly or empathetic event. The Hearing Officer will presume that you have some mental condition making you unsafe to drive and that their information is sufficient to remove you from the road. Fortunately, all is not lost. You have the absolute right to fight for yourself. You also have the right to be represented by a DMV Defense Expert.
Am I Required to Participate in a Mental Reexamination Hearing?: You are not required by law to participate in a Mental Reexamination Hearing with the California Department of Motor Vehicles. You do not have to jump through their hoops.
If you do not participate in the Mental Reexamination, however, the DMV WILL suspend or revoke your driving privilege without delay. The DMV’s position will be that you were given an opportunity to demonstrate you mental health but refused to do so and, based on that, they must presume that you are not safe to drive. Once the DMV suspends or revokes your driver license, your privilege to operate a motor vehicle will not be reinstated until you do complete the Mental Reexamination Hearing.
Call Us To Immediately Schedule Your Mental Reexamination Hearing!
The DMV’s decision to suspend or revoke your driver license over mental fitness is automatic. Defending yourself is not. In the beginning, it will seem as though the DMV has all the control and is attacking you. That all changes the moment you are represented by a DMV Defense Expert.
Put the battle in our hands. We will immediately make a formal request for a Mental Reexamination Hearing and put you on the road to victory.