Win Your Physical & Mental Hearing
The Department of Motor Vehicles (DMV) has the authority to suspend the license of any motorist who cannot drive safely because of a medical condition or lack of skill. These suspensions usually start with a report by a third party such as a police officer, medical provider or family member who observes evidence of unsafe driving or of a medical condition that would render driving unsafe.
The Fine Print
Sections 12806(c) and 13359 allow DMV to suspend a motorist who has “any physical or mental disability, disease or disorder which could affect the safe operation of a motor vehicle.”
These suspensions are usually accompanied by a notice of re-examination under Section 13801, and they last until DMV is convinced that the person’s condition is not a threat to safe driving. The motorist is entitled to a hearing to present medical evidence to that effect.
In a serious case, DMV may immediately revoke the motorist’s license until the motorist provides medical evidence showing he or she may drive safely. (Section 13950).) Usually, this medical evidence is provided by the motorist’s physician in the form of a driver medical evaluation (DME).
If you have been called in for a P&M re-examination under Section 13801, you don’t have to do it alone. We can help prepare you for your day at DMV and even draft the DME for your doctor.
Similar to the P&M suspension, a lack of skill suspension is imposed when a motorist simply cannot operate a vehicle safely. (Section 12805(d).) This section is used when the motorist’s problem is unrelated to a physical or mental disability and is similarly accompanied by a notice of re-examination under Section 13801. Also like the P&M scenario, DMV may immediately revoke the motorist’s license until he or she provides evidence showing he or she may drive safely. (Section 13950).
VC 12805, VC 12805, 12806, VC 13359, VC 13801, VC 13950