Receiving a DMV re-examination notice can be frightening for older drivers. Understanding why the DMV issues these notices, what the re-examination involves, and how an attorney can help you prepare is essential to maintaining your driving independence.
Why the DMV Initiates a Re-Examination
Contrary to popular belief, California does not have a mandatory age-based driver re-examination. The DMV evaluates drivers based on fitness and safety, not chronological age. However, several triggers can prompt the DMV to initiate a re-examination including a physician's report expressing concern about your driving ability, a law enforcement officer's report following a traffic stop or accident, a family member's report of concern submitted on DMV form DS-699, multiple recent accidents or traffic violations, certain medical conditions such as seizures, dementia, vision impairment, or loss of consciousness, and failure to respond to a DMV renewal notice or unsatisfactory performance on a vision or written test.
Understanding what triggered your specific re-examination is the first step in preparing an effective response.
What the Re-Examination Involves
When the DMV initiates a re-examination, you receive a notice in the mail scheduling an appointment at a DMV Driver Safety Office. The re-examination typically includes a vision test, a written knowledge test, and possibly a driving test. You may also be asked to provide medical documentation from your physician regarding any medical conditions that might affect driving.
The DMV hearing officer reviews all the evidence — test results, medical documentation, driving record, and any incident reports — before making a decision. Preparation for each component of the re-examination is essential, and having an attorney who specializes in elder driver DMV cases can significantly improve your chances of a favorable outcome.
Your Rights During the Process
You have significant rights during the DMV re-examination process. You have the right to be represented by an attorney at all stages. If the DMV proposes to suspend your license, you have the right to a hearing before the suspension takes effect. At the hearing, the DMV must prove by a preponderance of the evidence that you cannot safely operate a motor vehicle. You can present your own medical evidence, testimony from your physician, and evidence of your safe driving history. You can also cross-examine any witnesses against you, including the physician who submitted the original report.
At Law Office of Rodney Gould, we have extensive experience defending elderly drivers facing re-examination. Our founder Rodney Gould has handled hundreds of medical review and re-examination cases and was featured in the Los Angeles Times for his work on elder driver rights.