Margaret (name changed for privacy) is a 78‑year‑old retired schoolteacher who has been driving safely for over 55 years. She lives independently in her Encino home, drives to the grocery store, visits her grandchildren, and attends church every Sunday. Driving is not just transportation for Margaret; it is her independence.
Then one afternoon, she was involved in a minor fender bender in a parking lot. No one was injured, and the damage was minimal. But because of her age, the responding officer filed a report with the DMV, triggering a re‑examination of her driving fitness.
The Re‑Examination Process
When the DMV initiates a re‑examination, the driver receives a notice requiring them to appear for testing. This can include a written knowledge test, a vision test, and sometimes a behind‑the‑wheel driving test. The DMV may also request medical documentation from the driver's physician.
For many senior drivers, this process is intimidating and confusing. The stakes are enormous: if the DMV determines that a driver is no longer fit to drive, they can suspend or revoke the license immediately. And for seniors who depend on driving for their daily lives, losing that privilege can be devastating.
Our Approach
When Margaret contacted us, she was understandably anxious. She had never had a traffic violation in her life, and the idea of losing her license over a minor parking‑lot incident felt deeply unfair. Here is how we approached her case:
Step 1: Comprehensive Medical Documentation
We worked with Margaret's primary care physician and an independent medical examiner to compile thorough documentation of her physical and cognitive fitness. This included:
- A complete physical examination confirming her motor skills, reflexes, and vision were within acceptable ranges
- A cognitive assessment demonstrating no signs of dementia or impaired judgment
- A medication review showing that none of her prescriptions impaired her driving ability
- A letter from her physician specifically addressing her fitness to operate a motor vehicle
Step 2: Driving Record Analysis
We obtained Margaret's complete driving record, which showed over 55 years of clean driving with zero at‑fault accidents, zero moving violations, and zero points on her license. The parking lot incident was her first and only incident, and it occurred at low speed with no injuries.
Step 3: Independent Driving Evaluation
To proactively address any concerns about Margaret's driving ability, we arranged for an independent driving evaluation with a certified driving rehabilitation specialist. The evaluator assessed Margaret's driving skills in real‑world conditions and provided a detailed report confirming that she was a safe and competent driver.
Step 4: Hearing Preparation and Representation
We prepared Margaret for the DMV hearing, walking her through what to expect and how to respond to questions. At the hearing, we presented our comprehensive evidence package and argued that the minor parking‑lot incident did not indicate any impairment in Margaret's driving ability.
The Outcome
The DMV hearing officer reviewed all of the evidence and determined that Margaret was fit to continue driving. Her license was preserved with no restrictions. Margaret was overjoyed, and she continues to drive safely to this day.
Lessons for Senior Drivers and Their Families
Margaret's case illustrates several important points for senior drivers facing re‑examination:
- Do not panic: A re‑examination notice does not mean you will lose your license. It means the DMV wants to verify your fitness, and with proper preparation, you can demonstrate that you are still a safe driver.
- Get professional help: An experienced DMV defense attorney can guide you through the process, help you gather the right evidence, and represent you at the hearing.
- Be proactive with medical documentation: Do not wait for the DMV to request medical records. Proactively obtaining comprehensive medical documentation shows the hearing officer that you take driving safety seriously.
- Consider an independent driving evaluation: A positive evaluation from a certified driving rehabilitation specialist is powerful evidence of your driving competence.
- Know your rights: Senior drivers have the same rights as any other driver in the re‑examination process. You have the right to legal representation, the right to present evidence, and the right to challenge the DMV's findings.
We Are Here to Help
If you or a loved one has received a DMV re‑examination notice, do not face it alone. At Law Office of Rodney Gould, we have extensive experience defending senior drivers and preserving their independence. Contact us for a free consultation, and let us help you keep your driving privileges.
Rodney Gould
Based in Sherman Oaks, California, Law Office of Rodney Gould is led by attorney Rodney Gould, who has been practicing law since 1991. Though he started as a civil prosecutor working for the United States Postal Service on mail fraud cases in Washington, D.C., his career has developed over the years to include litigation experience in federal courts across the United States, serving as a special assistant U.S. attorney for the District of Columbia with the Department of Justice and, after leaving the government sector, providing legal services to some of the nation’s largest companies such as Starbucks, MCI, USAA and Bank of America.
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