One offense can mean a long suspension

• Driving a commercial vehicle with a BAC of 0.04 or above
• Driving a commercial vehicle while under the influence of alcohol or a controlled substance
• Refusing a blood alcohol test
• Leaving the scene of an accident
• Committing a felony while using the commercial motor vehicle
• Driving a commercial vehicle while your license is suspended or revoked

Your livelihood is at stake

• Illegal passing, speeding or running a red light are each one point; and
• Reckless driving, driving on the wrong side of the road or a DUI are each two points.

• Four points in one year;
• Six points in two years; or
• Eight points in three years.

The California DMV may suspend your license for several reasons. But regardless of the reason, unless you pose an immediate safety risk to other drivers while you have a license, the DMV will usually allow you to request a hearing. However, in some cases they may even require you to attend a hearing.

Physical and mental condition hearings

If the DMV does not immediately suspend your license, they may still ask you to attend a physical and mental condition hearing. This hearing assesses whether you have the physical and mental capacity to have a driver’s license.

This does not automatically discriminate against you if you do have a physical or mental disability. It only determines whether that condition makes it unsafe for you to be out on the road.

In this hearing, you’ll have to meet physical and mental requirements such as having:

• Adequate sensory functions
• Knowledge of the rules of the road
• Strength and dexterity to operate vehicle controls
• Ability to check mirrors and check blind spot over shoulder
• Sufficient focus on tasks
• Good judgement

Administrative hearings

If the DMV does not ask you in for a physical and mental evaluation, you can request an administrative hearing with them. It can be worth your time to schedule a hearing with the DMV. Doing so allows you to present your case and may delay or even put a stop to your license suspension.

Even if you do face immediate license suspension, you have the right to appeal the DMV’s decision by requesting a hearing. Any strong and relevant evidence that can prove you deserve to keep your driving privileges can help you gain back your driving privileges.

Reasons for suspension

There are several reasons for license suspension in the state of California. Some include:

• DUI convictions
• Underage drinking
• Refusal of drug or alcohol tests
• Excessive traffic violations
• Driving without insurance

Suspension periods can last years, and you often must pay a fine to get your license back. But these aren’t the only setbacks of a suspended license.

A license suspension may influence employers’ decisions

Depending on the reason, your driver’s license suspension may show up as a criminal citation on your record. Fortunately, there are laws like the Fair Chance Act that prevent an employer from asking about your criminal background. But in some cases, having a suspended license can render you unfit for the job.

Some jobs require a driver’s license. In industries like agriculture, construction and manufacturing, you might encounter tasks that involve transporting merchandise between different sites or using vehicles to haul materials. In these instances, employers will often inquire after your driving record. A license suspension may be the determining factor when it comes time to hire.

In positions such as commercial vehicle drivers and mail carriers, employers will likely rely on the details of your driving record to determine which candidates are suited for the job.

Unfortunate employer assumptions

Even when driving isn’t part of the job description, having a suspended license can still affect your employability. Unfortunately, many employers view license suspension not only as an indication of your driving capabilities, but also of your personality or character.

An employer might see a license suspension and assume you are irresponsible or impulsive. They might even interpret your suspension as an inability to cooperate or learn from your mistakes. While these assumptions are unfair, it just goes to show the extent that a suspended license may have on your future.

The impact that a driver’s license suspension can have on your employability can be life-changing. If you believe the DMV wrongly suspended your license, don’t hesitate to fight the decision.

This can carry over to the state’s Department of Motor Vehicles (DMV), and may people wonder: Can the DMV take someone’s license solely based on their age? Here’s an answer.

The DMV cannot take a license based on age

Let’s get this out of the way: The simple answer is, no. The DMV cannot take someone’s license just based on how old they are.

Remember though, drivers of all ages still have to renew their license every five years. That includes passing a vision test at in-person renewals. There is one age-related rule about this. Once someone reaches the age of 70, they have to do in-person renewals and can no longer renew by mail.

That doesn’t mean an older driver’s license is safe, however.

People can report unsafe drivers

In California, people can report a potentially unsafe driver to the DMV if they believe that person may be a danger to others. These unsafe driver reports are often submitted by a medical professional, a close friend or family member of the driver in question, or a peace officer.

To make a report, the person submits a “request for driver reexamination” form identifying the driver they are worried about, as well as their reasoning why. This request can trigger an evaluation of the person in question, leading to a reexamination.

If you are required to go in for the reexamination process, you may face:

• A written test
• A vision test
• A driving test
• An interview with a DMV hearing officer
• Discussion about your health and medical history

After collecting and reviewing the evidence, the DMV hearing officer makes a decision about your license. That could include no action, or potentially a restriction of some sort, probation, suspension or a revocation. You will be notified of this decision in writing.

Do not immediately worry if you learn your license is being suspended or revoked. At this point, you do have an opportunity to challenge the decision if you disagree with it. It’s important to take this process seriously by preparing as thoroughly as possible and doing everything you can to present an effective defense.

In California, there is a possibility of losing your CDL temporarily or permanently depending on the violation. State laws differ on what types of violations are considered major, serious or minor.

What is a major violation?

Committing a major violation in California may get your CDL suspended for a full year. If you commit a second major violation, you may have your license permanently revoked. Examples of major violations are:

• Drinking alcohol and driving
• Being under the influence of an illegal substance
• Disobeying implied consent laws
• Fleeing the scene after being involved in an accident
• Continuing to drive a commercial vehicle after receiving a suspension
• Being involved in a fatal accident

What is a serious violation?

If you commit a serious violation for the first time, there is no disqualification. If you commit a second serious violation in a three-year period, you may receive a 60-day CDL suspension. Serious violations include:

• Speeding at least 15 mph over the legal limit
• Tailgating the vehicle in front of you
• Driving erratically or recklessly according to California law

If you are a commercial driver and worried about having your CDL suspended, it may be in your best interest to speak with an attorney. They will be able to explain your options to you. Additionally, they may be able to help minimize any potential penalties or fines you could face.

In California, 350,000 drivers’ licenses get suspended every year. Reckless driving, driving without insurance and other traffic violations can lead to license suspension or revocation by the Department of Motor Vehicles (DMV).

What offenses can lead to suspension?

• Negligent driving
• Having a DUI
• Physical or mental conditions
• Driving without car insurance
• Failure to pay child support

If you are caught committing any of these offenses, your driving privileges may be at risk. Drivers’ license suspension may have more consequences than you think.

Unintended consequences

These license suspensions may have unintended consequences. There are fees and fines associated with license suspension and license reinstatement. These fees add up, making license suspension costly.

For those who continually drive with a suspended license because they feel they have no other option, the fines just keep adding up.

You may lose your job if your license suspension affects your ability to get to work.

License suspensions have a strong impact on employment. A government study found that in some areas, over 40% of people lost their jobs after having their drivers’ license suspended.

Job loss due to license suspension may harm the economy.

License suspension may affect all job industries as many people have trouble getting to work without a car. Especially in industries that require an employee to drive, there may be a shortage of workers. With truck drivers, package delivery and at-home care services in high demand, license suspension may strain employers to find staff.

Until March 2018, the California Department of Motor Vehicles could suspend your license for overdue fees. Drivers with suspended licenses at that time could drive legally again with a valid license. Drivers whose licenses had been suspended for outstanding fines could again reapply for their licenses in March of that year. This change did not affect drivers who had their license suspended for offenses like DUI.

How this legislation benefits you

By no longer suspended licenses for overdue fees, California has made it easier for you to pay your fines. If you don’t have a license and therefore cannot work, how are you supposed to pay your fines? Additionally, there are fees to reinstate a driver’s license. If you are having a hard time paying your traffic fines, how are you supposed to afford reinstating your license if you can’t get to work? This lessens the burden on license holders like you and likely increases the chances for the state to receive its money.

The previous law also unfairly punished people who simply forgot to make their payments and had to endure the hassle of getting their driving privileges back.

California likely intended for the old law to incentivize you to pay your traffic fines but wound up punishing you by making it more difficult to pay your fines. While the new law is fairer, you should still pay your traffic fines as soon as you can.

One of the most maddening aspects of a DMV hearing from a trial lawyer's point of view is the relaxed hearsay rules that apply. In short, hearsay evidence that would never be allowed in a criminal trial is just fine at DMV.

What is hearsay evidence? In short, it is some kind of statement or record of a statement that was originally made outside of the hearing. For example, a 911 call reporting that a motorist was weaving contains a hearsay statement that was made outside of the DMV hearing. Similarly, a pedestrian who witnessed an accident may have told an officer "the blue car ran the light." In both cases, DMV will often just use the police report with the officer's notes about the 911 call or the witness' observations.

Such "evidence" would be unthinkable in a criminal trial, but it is allowed under the "relaxed rules" of administrative hearings. DMV makes the most of this loophole; often the entire case against you at a DMV hearing will consist only of the police reports prepared by the arresting officer.
So how do we ever win these hearings?

Hearsay Can't be the Only Evidence of a "Finding"

The one limitation on DMV's use of hearsay at a hearing is that, though it is admissible without limitation, it cannot be used as the "sole evidence" of any fact necessary to suspend your license. Let me explain.

To suspend your license, the hearing officer must make certain findings of fact based on the evidence at the hearing. In an excess BAC case, for example, the hearing officer must make a "finding" that you were driving at a time when your BAC was 0.08% or greater.

This "finding" actually requires four separate findings:

1. that you were the driver (and not someone else);
2. that you were driving a vehicle (and not simply parked);
3. a specific time that you were driving; and
4. a 0.08% or greater BAC at that time.*

If the hearing officer makes a "finding" that your BAC was 0.08% or greater, for example, he must be able to point to evidence that supports that finding. With the one exception noted in the next section, the hearing officer cannot support his finding by using hearsay alone. This limitation may be important, as in a blood test case where the only evidence of BAC is often the hearsay Blood Test Report, which may be wholly insufficient to suspend a motorist's license.

Unless a Hearsay Exception Happens

There is one exception to the rule that hearsay alone cannot support a "finding," and that is where a hearsay exception applies. This exception is so common that it has really become the rule, and many hearing officers have become experts at knowing which hearsay exceptions apply to the various documents they routinely use to suspend licenses.

For example, in my blood test report scenario above, the hearing officer will often say that the report falls within the "public employee records" exception to the hearsay rule and can be relied upon as the sole evidence of BAC. And often, the hearing officer would be right.

So again, how do we ever win these hearings?

The Hearsay Exceptions Don't Always Apply

The hearing officers are not lawyers and usually do not have a solid command of the rules of evidence. What they do have a solid command of is the stack of memos from their superiors telling them how best to suspend licenses based on hearsay. These instructions rarely cover all the scenarios they encounter, leaving them to guess at how to apply hearsay law in a great many situations. And that's where we have a fighting chance to win these hearings.

Let's take the blood test report example again. If the blood test report is signed by a person whose job description is defined by public statute (a true "public employee"), then the public employee records exception applies and DMV can use the report alone to suspend your license. If, however, as is often the case, there is no job title on the blood test report or the title is something made up by the lab that prepared it, the exception does not apply, and DMV may not suspend your license based only on the report.

* The hearing officer may be able to rely on certain "presumptions" related to time and BAC, but they are not relevant for our purposes here.

A California DMV audit has been ordered by the governor for the ridiculous wait times reported by motorists at numerous DMV field offices across the state.

Based on a law practice that deals with DMV offices across California every day, we could add our own observations that we hope the audit addresses. First, the Mandatory Actions Unit frequently does not even answer its phone, dumping callers after navigating the long voice-response queue. MAU is the front-line of contact for the significant number of motorists involved in licensing actions, and it is inexcusable that they cannot get through. Second, in the last 12 months or so, we have noticed increasing numbers of calls and letters to Driver Safety offices simply being ignored. San Francisco Driver Safety is the lead culprit, pretending numerous times not to have received facsimile transmissions and refusing to do anything about it.

State Finance Director Keely Martin Bosler (who is appointed by Brown) notified the agency that her office will conduct the California DMV audit amid concerns about the agency's performance.

"As we have discussed, long wait times at the Department of Motor Vehicles do not reflect the high standards of service that Californians expect from their state government," Bosler wrote in a letter Friday to DMV Director Jean Shiomoto. Shiomoto responded that DMV welcomes "the Department of Finance's input into DMV's ongoing efforts to reduce wait times and improve customer service and stand ready to assist with the audit."

The delays have been worsened by frequent computer crashes, including one Thursday that interrupted operations at 68 of the DMV's 172 field offices for more than two hours.

We have long wondered why Governor Brown has tolerated such obvious ineptitude for so long. The California DMV audit now guarantees that any changes will be made by his successor and the Legislature elected in November.