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A DMV Re-examination is the process by which the DMV reviews the driving privileges of a person after it has been reported that a medical condition or lack of skill may have compromised that person’s ability to drive safely.
Either a recent physical or mental health diagnosis or a problematic driving record could require re-examination with the California DMV. In the state of California, physicians are required by law to report any condition that may impair a person’s driving abilities to the DMV. Any law or peace officer or emergency personnel who witnesses a medical or traffic incident may request that a driver’s driving privileges be re-examined. Even an unsolicited letter from a friend or neighbor can result in a re-examination notice.
A peace officer is permitted to issue drivers a Priority DMV Re-examination Notice, with or without a traffic citation. It is required for a driver presented with a Priority Re-examination Notice to contact the DMV within five days of the notice to prevent an automatic driver’s license suspension.
Drivers who have received Re-examination notices must contact a California DMV Safety Office to request a hearing. There are 12 Safety offices located across the state:
In order to avoid automatic suspension, you must appear at your scheduled re-examination hearing, even if an attorney is representing you. This hearing may be conducted over the phone or in person. You will be asked to answer questions about your medical history, driving history, and knowledge of traffic rules. You may be asked to provide medical records.
You may be asked to submit to a vision test, a written test, a driving test, or all three. After the re-examination hearing, the DMV Officer will review all the evidence and test results, and decide whether action on your driver’s license is warranted. The DMV will then notify you in writing of whether your driver’s license will be suspended, restricted, revoked, placed under a probationary period, or left unchanged. You have the right to request a hearing if you wish to challenge this decision.
If you fail to appear for your Re-examination hearing, even if an attorney appears to represent you, your driver’s license will be suspended. This suspension will remain effective until you appear and provide the necessary information and testing for the DMV to evaluate your driving ability.
Following a re-examination, you will receive written notice of one of the following actions:
The DMV must notify you in writing of any action taken against your driver’s license. You will also be informed of your rights, including the right to request a hearing to dispute the decision.
A medical issue is not required for re-examination. The DMV will re-examine you if the information suggests that you lack the skills necessary to drive safely, regardless of the reason.
The DMV will not re-examine a driver solely based on advancing age. There must be a reason based on an incident, diagnosis or driving record.
Unless you can prove that your medical condition has improved or your driving record doesn’t show recent unsafe driving practices, the suspension will be indefinite.
The DMV is required to provide sign language or foreign language interpreters to those who request them. You must contact the DMV as soon as you receive notice of re-examination so that they can arrange for an interpreter to be present at your hearing.
Call Top Gun DUI Defense Attorney Myles L. Berman at (888) 486-7486 to discuss your case.