DMV Reexaminations

DMV Physical and Mental Reevaluations

We all know that the DMV issues driver’s licenses and keeps track of who the drivers are on the road, but what a lot of people don’t know is that the Department of Motor Vehicles can reevaluate or re-examine somebody if there is a concern that their driving is affected by a physical or mental condition. If the DMV thinks a person’s physical or mental condition makes them an unsafe driver the DMV can take their driver’s license and suspend or revoke their privilege to drive.

The DMV has a Driver Safety Office, where they will do reexaminations to determine whether or not someone is safe to be on the road. There are different types of reexaminations. These reexaminations are designed to determine if somebody has a physical disability or a mental disability which impairs their ability to drive (the person cannot drive safely). If someone cannot drive safely because of their physical condition (like loss of vision) or mental condition (like dementia or seizures) the DMV can suspend or revoke their driver’s license. This can happen in a few different ways.

The reexamination process usually begins by the DMV receiving a letter, maybe from a neighbor, doctor, or other observer, (sometimes the DMV is notified by a family member that’s concerned about a loved one). Another way that the DMV may be notified that a reexamination is requested could be notice received by a person involved in a traffic accident. The DMV may even receive notice from another driver on the road that sees the person driving funny but has had no involvement with the person at all. These types of reports usually trigger a regular reexamination where we have a little bit of time to prepare for a hearing.

Another type of physical or mental reexamination is called a priority reexamination. A priority reexamination has to be conducted within five days and it moves very quickly. It is somewhat unrealistic for a person to be fully prepared for a full re-exam in just five days because the reexamination process is going to test quite a bit of knowledge and skill in a very short period of time. Regardless if a person is ready or not, the person who is facing this priority reexam doesn’t really have time to get ready for the test and they need to prepare as soon as possible and do the best they can given the circumstances.

A driver who receives a notice that they need to report to the DMV for a reexam has the right to an attorney to help them through a reexamination. However, the attorney cannot do everything for the driver. Ultimately, it is the person who received the reexamination notice who needs to be able to perform, answer questions, pass skill tests, and ultimately get the license back. It is important to have an attorney on your side to let you know what to expect, when to expect it, and how the process is going to work. Having an attorney on your side increases the likelihood of success and decreases the amount of stress a driver has during the reexam process.

With a regular re-examination the driver may get a notice in the mail because the DMV was notified by somebody somewhere along the line (medical, family, neighbor, etc.). With a priority re-examination, which happens within the five days, usually the notice is handed to the driver by a police officer. The police officer fills out paperwork and gives one copy to the driver and a second copy gets sent to the DMV. The police officer prepares paperwork triggers or starts the priority reexamination. The driver does not have to be given a ticket or even be involved in an accident. Many times the driver gets pulled over for driving in an unsafe way and they get issued a ticket. During this encounter with the police officer the officer decides to file reexam notice because of something they noticed during the traffic stop. Other times an officer responds to a traffic collision to conduct an investigation. During this investigation the driver may be confused or shaken up and the driver’s appearance leads the officer to believe a reexamination is needed. The officer can fill out the paperwork for the reexam right at the traffic collision scene and give the driver a copy. Once this notice is served the driver must move very quickly.

With the priority reexamine the driver only has five days to get everything in order before we actually go into the DMV. It is important to get an attorney involved early to figure out exactly what type of hearing we are dealing with, where the hearings are going to be, and what needs to be done to prepare for the hearing. We need to do everything we can to ensure the best possible result.

The physical and mental reevaluation hearings are done at a DMV Driver Safety Office. The Driver Safety Office is not the regular DMV where you go to take a regular test (although you may end up there for part of the exam). The Driver Safety Office deals with special evaluations including DUI administrative actions and physical and mental revaluations.

To aid in the preparation of the hearing we need to demand not only a hearing, but also request the DMV paperwork, called discovery, so we can know what it is that we’re facing and how to best prepare for the hearing.

The hearing is conducted informally; it is not with a judge in a courtroom. A DMV hearing is conducted in an office with a desk and a DMV Hearing Officer. The DMV Hearing Officer is trained by the Department of Motor Vehicles. Hearing Officers are not doctors, they are not lawyers, they are not judges. DMV Hearing Officers are just DMV employees that have some experience in training in physical and mental revaluations. We need to make sure that we get the Hearing Officer the right information and paperwork before, during, and after the hearing so they can make an informed and correct decision.

There are several different phases in a reexamination hearing. The Department of Motor Vehicles is going to do an eye examination (where they have you do the eye chart or it may be completed on a computer or other machine). The DMV wants to check the vision first because if the person cannot pass a vision test there is no reason to go any further with the reexam hearing. The DMV wants to minimize the amount of time and effort that they are putting into a hearing.

Once the eye exam is passed, the driver will have to take a written or legal examination. Given this is a multiple choice test the person has to go through and demonstrate that they have knowledge of the rules of the road. The questions can be very tricky and test areas of knowledge that are not often used in regular day to day city driving. The driver can only miss a few questions on the written exam or they will fail the entire reexamination. Just like the regular written test you may be able to get some accommodations to assist you in the written exam. However, if the accommodation is having the questions read to you, it’s usually not a great sign that you will be able to safely drive.

After passing the written portion of the exam, the DMV Hearing Officer will move to the face-to-face hearing. In the face-to-face stage of the hearing your attorney can be present with you but the questions are going to be for you to answer. You are going to need to be able to answer a lot of questions. The Hearing Officer will ask about everything from your driving history to current events. So you will need to know your driving history (how long have you been driving, any accidents or tickets, average monthly mileage, etc.) as well as current conditions and events (medical, political, location, date and time). The DMV is looking to see if you are aware of day, time, location and what’s happening. The DMV will want to know whether or not you are under a doctor’s care, and if you are on medication. Of course if you are on medication you will need to know what medications and why you are on them. To prepare for the hearing your attorney will have you gather documents from your treating physicians or neurologist. You doctors will need to fill out DMV paperwork about your condition. The face-to-face meeting may only take 15 -20 minutes.

After you do well in the face-to-face meeting with the Hearing Officer you will move on to the next phase of a reexamination, the driving test. The driving test will take place at a local regular DMV Field Office and it puts the driver back in the car with a driving examiner (not the Hearing Officer). The examiner will be grading driving skill and competence. You will only get a short time to prepare for this driving test. The DMV driving grader will report your results back to the Hearing Officer who will ultimately make a decision and mail out the decision.

When the DMV Hearing Officer makes their decision there are a few options they can choose from. The Hearing Officer can take no action, which is what we want. The Hearing Officer can just let you keep your license and continue to drive.

The Hearing Officer can also choose to put you on probation. If you are put on DMV probation if there’s any changes to your physical or mental condition you have to report it to the DMV. The Hearing Officer can also put you on DMV probation where you are just required to keep a clean driving record. The Hearing Officer may allow you to continue to drive but require you to report back to the DMV if your condition changes. The Hearing Officer can also schedule a future reexamination evaluation and set a date on the calendar maybe six months out.

In appropriate cases the DMV Hearing Officer may choose to suspend your driver’s license until you’re able to prove that things are changed and you are able to safely drive. If an out of control medical condition affects driving the Hearing Officer can suspend the license until the condition is brought under control and you can safely drive.

The Hearing Officer, in the most severe cases, can revoke the driver’s license which says they don’t believe that you’re ever going to be able to get your driver’s license back. A revocation is where your physical or mental condition is so poor that you will never be able to drive again safely.

It is very important that if a driver gets a notice from the DMV of a reexamination that they contact an experienced attorney right away. Your attorney needs to find out what type of hearing you are facing, where the hearings are going to be, who the hearing officer is, and start to gather the documents necessary to prepare a defense.

Hopefully nobody ever has a physical and mental problem that prevents them from driving, but if there is a concern about it or you do receive notice contact a local attorney as soon as possible to get help with an experienced attorney who knows what to do. If you’ve got questions about driving related matters, DMV hearings in the Southern California area, feel free to give me a call. I’m happy to discuss DMV hearings with you on the phone and if I can help out great. I want to make sure you get good, accurate, correct information.

I represent people at the DMV and you can reach me directly at (310)424-3145 give me a call if you have any questions. Take care and be safe.

-Mark Rosendeld