How to Protect Your Rights After a Physical or Mental Impairment Has Affected Your Driving Privileges in California
The California Department of Motor Vehicles offers what is known as a reexamination hearing in order to determine if a person should have his or her driver’s license revoked due to medical conditions that have made him or her an unsafe driver. Impairing medical conditions that could affect a person’s driving privileges could be physical or mental.
Medical impairments generally affect the driving privileges of elderly drivers but it is important to recognize that all California drivers are subject to driving license restrictions and suspensions.
Common conditions that could result in the temporary or permanent removal of a person’s driving privileges include, but are not limited to the following:
- Vision problems such as cataracts,
- Mental problems such as dementia or the Alzheimer’s disease, or
- Physical issues that can affect driving such as muscular degeneration or diabetes
California Drivers Are Entitled to a DMV Hearing
When the DMV has been notified that a driver’s condition may affect his or her ability to drive safely, the DMV will give the driver the opportunity to demonstrate that he or she can be a safe driver. The process is generally referred to as a DMV reexamination hearing.
An examiner at the hearing will attempt to determine if the person has the physical and/or mental capacity to be a safe California driver. According to California law, the DMV has the legal authority to suspend a driver’s license for medical conditions.
The State of California Department of Motor Vehicles is not required to provide a hearing if it has reason to believe that the person poses an immediate risk driving. If no reason is existent, the DMV will hold what is referred to as a physical and mental condition hearing. In either case, if a person’s driving privileges are revoked or suspended, the driver is entitled to request a hearing.
Understand Your Rights
Many drivers’ livelihood depends on their ability to driver a vehicle. Whether it is an elderly driver, a daily commuter, or a person whose occupation is to transport goods, driving is a necessity for many Californians.
If you or someone you know has had a driver’s license suspended or permanently revoked or has otherwise received a notice to appear at a DMV hearing, seek the legal expertise of a knowledgeable attorney. A skilled attorney will review the case in question and will assist in collect the documents necessary for the driver to maintain his or her driving privileges. Some of the most common challenges presented by experienced attorneys involve:
- The medical condition does not affect the person’s ability to drive,
- The driver is now receiving medication that will help him or her drive in a safe manner, or,
- The driver has the ability to drive presently.
Obtain the Legal Representation of an Attorney
In the event that you have received a rejection notice after a DMV hearing, a legal expert can also assist you in challenging this.
The attorneys at the Milligan, Beswick, Levine, & Knox, LLP., have extensive experience in handling DMV hearings in the State of California. The firm is dedicated to ensuring that a person’s rights are upheld in DMV hearings.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.