Administrative Law - Driver’s Licensing Issues

Medical Re-Examination Hearings and Issues Related To The Mature Driver

The DMV has the authority to investigate and reexamine your ability to operate a motor vehicle safely due to a physical or mental condition or a poor driving record. DMV receives information from many sources, to name a few:

• Your physician or surgeon who is required by law to report to DMV certain conditions or disorders characterized by loss of consciousness or control, including Alzheimer ’s disease. The law also allows them to report other conditions which, in their opinion, may affect your ability to operate a motor vehicle safely.
• Emergency medical personnel who may see you in an emergency facility due to a sudden loss of consciousness, awareness, or control.
• A law enforcement officer who stops you for a traffic law violation or is at an accident scene in which you were involved, and you appear to be an unsafe driver.
• A Request for Priority Reexamination from a peace officer who has observed your driving and believes you are an unsafe driver and should not continue driving.

What Happens If DMV Decides I Should Be Reexamined?

Once DMV is made aware that you have a medical condition that may cause a potential driving risk to yourself or others, or your driving record indicates negligent driving activity, DMV will evaluate you to ensure you can drive safely. DMV may take immediate action against your driving privilege by suspending your driver’s license or even revoking it. However, you are entitled to a hearing in which you may present relevant evidence demonstrating that you do not present a risk to the roadways.

At Raskin & Tee, the attorneys are highly experienced in representing clients in this area of law. The firm is well versed on the recent trends and issues related to this area of law.