Can I Win an Ambulance Special Certificate Hearing at the DMV ? Ambulance Driver Special Certificate Hearings absolutely CAN BE WON at the DMV. Winning an Ambulance Drivers Special Certificate Hearing requires immediate action, thorough preparation, and a thoughtful and professional presentation. The Ambulance Driver Special Certificate Hearing is a full-blown, legal proceeding where a professional driver fights to prevent the denial, suspension, or revocation of their Special Certificate to operate an emergency ambulance in the State of California.
If the DMV has focused upon you and is seeking to end your professional driving career by stripping you of your Ambulance Driver Special Certificate, there is simply no other way to prevent that action other than to fight at an Ambulance Driver Special Certificate Hearing. You have no choice; you must take on and beat one of the most bureaucratic State agencies in existence.
An ambulance driver can WIN his or her hearing, but to do so requires a commanding knowledge of The California Vehicle Code, The California Penal Code, The Evidence Code, The California Code of Procedures and the provisions of Administrative Law. Mastering these codes and perfecting appropriate defenses in this area requires years of training and experience. It is nearly impossible for the average driver to prepare to win a Special Certificate Hearing because there is just too much to learn in a short period of time. Also, the California Department of Motor Vehicles is not a “warm and fuzzy” agency who is devoted to helping drivers defend themselves. The only thing the DMV does well is to deny, suspend, or revoke Special Certificates. They have no interest in the negative impact the termination of your Special Certificate will have on your life. If you want to win your Special Certificate Hearing, it’s up to you to find a way to do it. The DMV is not your friend and they will not assist you.
To win an Ambulance Special Certificate Hearing you should immediately telephone the DMV Defense Experts at California Drivers Advocates. We have been fighting and winning these hearings up and down the State of California for years. We are ready to begin working immediately to protect your future.
How to Win an Ambulance Special Certificate Hearing at the DMV?
If you hope to win your Ambulance Driver Special Certificate Hearing, you must realize this will require much, much more than having a simple chat with the DMV Hearing Officer. Make no mistake; a properly conducted Ambulance Driver Special Certificate Hearing is a full-blown, evidentiary hearing.
This action has occurred because the DMV has received information, from some source, that you have committed or been involved in some event that demonstrates you do not meet the high standards required of an Ambulance Driver. Most often, this occurs because the DMV believes that you have been involved in a criminal act or some other act of Moral Turpitude that demonstrates poor character or judgment. The DMV can also seek to strip you of your Ambulance Driver Special Certificate if they believe you no longer possess the physical or mental capacity to safely operate an emergency ambulance. The bottom line is the DMV believes they have a valid reason to strip you of your Special Certificate. The only way you will prevail at a Special Certificate Hearing is through professional, focused, representation by someone who knows what they are doing.
California Law permits you to be represented by an attorney or any other representative of your choosing. Administrative Hearings at the DMV are a little known area of law. There are very few attorneys who even know how to conduct a DMV Hearing and even fewer who know how to do them well. At California Drivers Advocates, we do NOTHING but DMV Hearings….Period! From Northern California to the Mexican Border, CDA represents ambulance drivers at Special Certificate Hearings dozens of times per year. The Ambulance Driver Special Certificate Hearing is a complex, confusing, and frustrating process that can potentially ruin a person’s professional career if not handled correctly. Call us now……… We can help you!
Conducting the Ambulance Driver Special Certificate Hearing
When an ambulance driver receives notification that the DMV is taking an action against his or her Special Certificate, there is always a “time sensitive” element to the notification. In almost all instances, the driver must request an Administrative Hearing within the first 10 days after the receipt of notification. At the same time the Administrative Hearing is being requested, a request to “stay” the suspension or revocation should be filed.
In those certificate actions involving the ambulance driver certificate, the DMV routinely denies a request for “stay” and the certificate is immediately suspended pending the outcome of the hearing. This can be terribly burdensome on an ambulance driver as it often causes immediate suspension or termination of their job. Approached properly, however, the DMV does have the discretion to grant the “stay of suspension” upon a foundational showing that the stay would not pose a significant risk to the safety of transported patients.
At the Ambulance Driver Special Certificate Hearing, the DMV hearing officer will present the DMV’s case. The DMV is permitted to introduce its own records into evidence along with other reports or records received from various government agencies, employers, or other sources. Your representative from CDA will appear with you to ensure the DMV only introduces accurate or trustworthy information as evidence. As the “respondent” you are permitted to introduce your own evidence, records, witnesses, and other pieces of evidence to “rebut” the DMV’s position.
Concluding the Ambulance Driver Special Certificate Hearing: Unlike APS and Negligent Operator hearings, where the hearing officer decides the fate of one’s driving privilege; at a Special Certificate Hearing, the hearing officer is only permitted to make a recommendation to a reviewing board. The hearing officer’s recommendation is not binding on the review board.
Ambulance Driver Review Board: The DMV’s routine policy is to convene a review board on ALL ambulance certificate issues, including Mandatory Actions. The Ambulance Review Board meets one time per month and is comprised of the following members: CHP Representative, who acts as the Board Chairman, A DMV Representative & the Emergency Medical Health Service Authority. The Ambulance Review Board reviews all information presented at the Ambulance Driver Special Certificate Hearing and then considers the written recommendation of the hearing officer. Ultimately, the Review Board will make a final ruling.
The Review Board has the power to sustain, modify, or “set aside” the DMV action against the Ambulance Driver Special Certificate. If the Review Board feels that it requires more information, or that the Hearing Officer’s recommendation is not sound, it may remand the issue back to the Hearing Officer for further work. Ultimately, the Ambulance Review Board’s is final. If the Review Board issues an unfavorable ruling, the driver can appeal the decision through two proceedings: A Request for Administrative Review & A Writ of Mandamus.
The Request for Administrative Review is the least productive of the two appellate options. This is a request for the DMV to review itself. As you can imagine it is rare for the Mandatory Actions Unit of the DMV to overturn the decision of the Ambulance Review Board.
The Writ of Mandamus is a much more successful form of appeal where the driver asks a California Superior Court to review and overturn the action of the Review Board. Because the judiciary is independent of the DMV, this is a much more positive approach to an appeal. One should be cautioned, however, the Writ of Mandate can be a quite long and costly process.
Call us now, we can win an ambulance special certificate hearing.
The Ambulance Driver Special Certificate is issued to those professional drivers who maintain a level of professional and personal conduct not expected of most California drivers. Ambulance companies and many local and state fire departments rely upon professional ambulance drivers to transport vulnerable patients to medical care in a swift and safe manner. Consequently, a person’s employment often is predicated upon the possession of an Ambulance Drivers Special Certificate. If the loss of your Ambulance Driver Special Certificate will result in the loss of your job, you simply cannot leave anything to chance.
Telephone the DMV Defense Experts at California Drivers Advocates. Throughout the State of California, we are known as professional and stalwart representatives of our clients. We stand ready to immediately investigate, prepare, and handle your Special Certificate Hearing. Don’t let the DMV steal your career without a fight.
It is critical that you be represented by an Administrative Advocate or attorney to insure that you have the best possible chance to win an ambulance special certificate hearing.