How to Defend DMV Suspensions Due to Physical or Mental Conditions

Jul 12

7 min read

California Vehicle Code Sections 12806(c) and 13359 allow the 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.” A notice of re-examination usually accompanies these suspensions. They last until the DMV is convinced that the person’s condition does not pose a threat to safe driving, and the motorist is entitled to a hearing to present medical evidence to that effect. In a serious case, the DMV may immediately revoke the motorist’s license until they provide medical evidence demonstrating the ability to drive safely. (Section 13950.)

The Department of Motor Vehicles 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.

A DMV reexamination hearing (sometimes called a P&M hearing) is a hearing to determine whether a person’s driver’s license should be revoked because medical conditions make them unsafe to drive. These conditions can be physical or mental. But they must affect the driver’s ability to operate a motor vehicle safely.

Medical conditions are a common cause of driver’s license suspensions and restrictions for elderly drivers. But California drivers of all ages can be affected.

Conditions that commonly result in California driver’s license restrictions or suspensions include:

· Lapse of consciousness

· Alzheimer’s disease

· Cataracts

· Dementia

· Diabetes

· Macular degeneration

· But any condition that can affect someone’s driving ability.

Drivers are entitled to a hearing to prove they can safely drive. The good news is that the California DMV must give a driver the chance to prove that they can drive safely. This is usually done at a DMV “reexamination hearing.” This is an in-person evaluation of a driver’s ability to operate a motor vehicle safely. At the hearing, an examiner will try to determine if a driver has the necessary physical and mental skills to drive a car safely. For this reason, such a hearing is also called a Physical and Mental (P&M) hearing.

California Vehicle Code 12806 allows the DMV to suspend a license due to a medical condition. But the DMV may only do this if the condition affects someone’s ability to drive safely.

What medical conditions can lead to a driver’s license suspension?

· Alcoholism or drug addiction,

· Disorders that can cause a “lapse of consciousness” or “episode of marked confusion,” o

· Any other physical or mental condition that can affect a driver’s ability to operate a motor vehicle safely.

· Unfortunately, almost any condition can potentially fall within this last definition.

· Alzheimer’s disease and other forms of dementia,

· Epilepsy,

· Sleep disorders,

· Vision disorders, such as cataracts or macular degeneration, or

· Diabetes (which can cause a driver to have an increased risk of crashing).

· But any condition can lead to loss of driving privileges – either permanently or temporarily – if it affects driving ability.

However, the DMV cannot restrict or take away driving privileges solely because a driver has one of these conditions. The condition must “actually affect” the driver’s ability to drive safely.

How does the DMV find out about physical or mental conditions?

Any concerned party can alert the DMV about a condition that may affect a driver’s ability to drive safely. And some parties (such as doctors) are required by law to report certain conditions.

Common sources of information about a driver’s condition include:

· Medical professionals,

· Law enforcement officers,

· Judges,

· Family members,

· Friends,

· Concerned private citizens

· The driver themself (in a driver’s license application or during a visit to the DMV).

· Doctor writing down a medical diagnosis that might cause a suspended license

· California law requires doctors to notify the DMV when a patient has a condition that involves lapses of consciousness.

What does the DMV do when it receives a report about a medical condition?

After receiving a report about a driver, the DMV will do an initial risk assessment. Then it will typically do one of the following:

· Nothing (if the department decides nothing in the report indicates a risk);

· Request more information, in the form of a “driver medical evaluation” (“DME”) form (discussed more below);

· Schedule a “reexamination” of the driver (discussed more below); or

· In rare cases, immediately suspend or revoke a driver’s license.

Other options open to the DMV include the following (though typically the DMV will require a DME or reexamination first):

· Put the driver on medical probation and require future medical reports;

· Order the driver to complete a supplemental driving performance evaluation;

· Issue the driver a “limited-term license” and reevaluate the driver at the end of the term;

· Restrict where/when the driver can drive; or

· Require the driver to use certain, specified equipment (such as corrective lenses).

Can the California DMV suspend a license without a hearing?

The California DMV is not required to hold a hearing before suspending a license IF it believes that the driver poses an immediate safety risk. Otherwise, the DMV must schedule a “P&M” (physical and mental condition) hearing first. But even if the driver’s license is suspended or revoked immediately, the driver has the right to request a hearing to contest the suspension or revocation afterward.

What is a Driver Medical Evaluation (DME) form?

In some cases, after receiving a report about a driver, the DMV will require more information. In this case, it may ask the driver to submit a DMV Driver Medical Evaluation (DME) form. This form requires the driver to provide the DMV with a comprehensive health history. The driver must complete and return the DME within 26 days. The driver must also sign the DME under penalty of prosecution for the California crime of perjury if the information is purposely false. A DME also requires information from the driver’s doctor. Such information includes a medical diagnosis, treatment plan, and anything else that might relate to the patient’s driving ability. The DMV will then review the DME. If it determines that the driver does not pose a safety risk, it will take no further action. If the driver does not complete the DME, the DMV can suspend the driver’s license.

California DMV Physical and Mental (P&M) hearings (reexamination)

If the DMV determines that a driver’s medical condition could pose a safety risk, it will schedule a “reexamination hearing.” This is an in-person evaluation to determine if a driver has the physical and mental skills to drive a car safely.

Other names for a DMV reexamination hearing include:

· P&M hearing;

· Lack of skill inquiry; or

· Medical suspension hearing.

The hearing will take place at a local California DMV driver safety office. A DMV driver safety hearing officer will conduct it.

What happens if a driver does not request a hearing or attend a hearing?

If a driver does not attend a scheduled hearing, the DMV will automatically suspend or revoke their license. This suspension or revocation will remain unless and until:

· The driver requests another hearing;

· The DMV agrees, in its discretion, to permit one; and

· The driver prevails at the rescheduled hearing.

If the driver does not promptly request an optional hearing, the DMV will automatically take the action(s) outlined in the notice. The driver will not have the right to request a new hearing at a later date.

What happens at a California DMV P&M hearing?

During a P&M hearing, the DMV will determine whether a driver has the physical and mental abilities to drive safely. To do this, the hearing officer may:

· Review the driver’s DME form (if any),

· Ask the driver questions about their driving history and specific incidents (if any) on the driver’s record,

· Hear testimony from the driver and/or their physician, and

· Have the driver take a written, vision, and/or driving skills test.

What factors can the Department of Motor Vehicles consider?

During a medical suspension hearing, the DMV officer will be checking for physical and/or mental limitations.

Factors the DMV will consider during the reexamination include the driver’s:

· Physical abilities, such as strength, coordination, and mobility;

· Physical limitations or restrictions, if any;

· Sensory functions, such as vision and hearing;

· Mental capabilities, such as attention and judgment;

· Knowledge of the rules of the road;

· Medical history, including whether the condition is current;

· Aggravating factors, such as drug and/or alcohol use, stress, or lack of sleep;

· Ability to control the medical condition with treatment; and

· The driver’s understanding and awareness of their limitations.

· But the mere existence of one or more limitations is not enough for the DMV to suspend a driver’s license.

The condition(s) must have an actual negative impact on driving. There must be facts in the record that show this.

Can an attorney represent a driver?

People have the right to be represented by a lawyer during a P&M hearing. But this lawyer will be paid for by the driver. Since a DMV proceeding is not a criminal proceeding, the state will not provide a lawyer for free if the driver cannot afford one.

Nevertheless, representation by an experienced California defense lawyer can be enormously valuable in helping a driver win at the DMV and restore their driving privileges. During the P&M hearing, the driver and their attorney will have the opportunity to explain or rebut the DMV’s evidence. The driver will also be permitted to submit new medical evidence to demonstrate that they should be allowed to continue driving. This new and/or rebuttal evidence can take the form of written documents and/or witness testimony on your behalf.

Possible outcomes of a California P&M hearing

DMV hearing officers have a variety of options for people whose driving ability is affected by a medical condition. They range from letting the person continue driving (with or without restrictions) to permanently revoking the driver’s license. The DMV will notify the driver in writing of the hearing officer’s decision.