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    • Home
    • About Us
    • DMV Adminstrative Cases
      • DMV Administrative Cases
      • Fatal & Serious Accidents
      • Mature Drivers
      • Mental or physical issues
      • Negligent Operator Cases
    • Potential Actions
      • Revocation
      • Suspension
      • Restriction
      • Probation
  • Home
  • About Us
  • DMV Adminstrative Cases
    • DMV Administrative Cases
    • Fatal & Serious Accidents
    • Mature Drivers
    • Mental or physical issues
    • Negligent Operator Cases
  • Potential Actions
    • Revocation
    • Suspension
    • Restriction
    • Probation

Deteriorated Driving Skill - Mental or physical issues

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Reexamination

DMV is required by law to investigate and reexamine your ability to operate a vehicle safely when informed that a physical or mental condition exists, or your driver’s record indicates 3 accidents within 12 months, traffic law convictions, reckless, negligent or incompetent driving habits, fraudulent use of a driver’s license, or other grounds which would cause DMV to refuse a driver’s license.

How was DMV Notified of my condition

DMV gathers information from several different sources, including:

  • Doctors and surgeons, who are legally required to notify DMV of medical conditions or disorders involving loss of consciousness or control—such as Alzheimer's disease—or any other condition they believe may impair your ability to drive safely.
  • Emergency medical personnel who treat you at an emergency facility following a sudden loss of consciousness, awareness, or control.
  • DMV employees who notice a physical or mental condition that might affect your ability to drive safely and refer the matter to Driver Safety for review.
  • Unsolicited letters from family members, friends, or neighbors expressing concern that you may no longer be able to drive safely.
  • Law enforcement officers who observe your driving, pull you over for a traffic violation, or respond to a collision you were involved in, and determine that you should be reexamined to confirm you can drive safely.
  • Your own disclosure of a medical condition affecting your ability to drive, reported within the past 3 years on a driver's license application, renewal notice, or renewal application.
  • Your driving record, if it shows 3 accidents within a 12-month period, traffic convictions, reckless or negligent driving, incompetent driving habits, fraudulent use of a driver's license, or other grounds that would lead DMV to deny a license.

When do I need to contact DMV about my reexamination?

If your reexamination was triggered by a Priority referral (from law enforcement), you must contact DMV within 5 working days of receiving the notice (citation) from the traffic enforcement officer. Once DMV receives the referral, you'll be notified to submit medical information, and/or a reexamination appointment will be scheduled for you.

What expectations should I have at a DMV Reexamination

Once DMV learns that you have a medical condition that could pose a driving risk to yourself or others, or that your driving record shows a pattern of negligent driving, DMV will assess your driving abilities to confirm you can drive safely. This evaluation may include one or more of the following:

  • Requesting medical information from you. If this information shows that you don't pose a driving risk, DMV may close the investigation without taking any action against your driving privilege.
  • Conducting a "regular" reexamination. Depending on the reason for the reexamination, this may take place in person or over the phone. You may need to provide medical information and complete knowledge, vision, and/or driving tests, as applicable.
  • Conducting a "priority" reexamination. If you receive a notice of priority reexamination, you must contact Driver Safety within 5 days, or your driving privilege will be suspended. You'll be required to complete knowledge, vision, and driving tests, and provide medical information.
  • Taking immediate action to suspend or revoke your driving privilege if your physical or mental condition poses an immediate threat to public safety.

What decisions can be made by a dmv driver safety officer in a reexamination hearing ?

Following a reexamination, the DMV Driver Safety Hearing Officer has the authority under Vehicle Code (VC) §14250 to place your driving privilege on probation instead of suspending or revoking it, or to take one or more of the following administrative actions:


No Action: Your condition or driving record doesn't warrant any action against your driving privilege.


Medical Probation: You or your physician must submit a completed Driver Medical Evaluation (DS 326) form to DMV on specified dates.


Calendar Reexamination: You must return for a follow-up reexamination.


Restriction: You may only drive under certain conditions, such as during daylight hours, within specific geographic areas, or with specialized equipment installed in your vehicle.


Suspension: Your driving privilege is suspended for an indefinite period. It can be reinstated once you demonstrate that you're adequately managing a physical or mental condition, or that your driving no longer poses a safety risk, provided no other action is in effect.


Revocation: Your driving privilege is terminated entirely. This action is typically taken when a physical or mental condition is severe enough that improvement is unlikely, or when a driving incident is serious enough to indicate you present a safety risk.

Can DMV reexamine a driver who doesn't have a medical problem but whose driving skills are declining

Yes. DMV can reexamine a driver whenever information suggests they lack the knowledge and/or skill needed to drive safely. These reexaminations are based on information DMV receives from peace officers, physicians, family members, relatives, acquaintances, or other individuals who share specific observations about the person's driving ability. A driver's age is not considered relevant to this process, and DMV will not reexamine anyone based on age alone.

what actually happens at a dmv reexamination hearing ?

During a reexamination, a Driver Safety Hearing Officer may ask you a range of questions covering your driving history and any specific incidents on your record, your health and medical background, and your knowledge of traffic rules and how you'd respond to particular driving situations. You may also be asked to provide medical reports, records, or similar documentation from your physician. By law, all information about your health and medical history is kept confidential, and DMV cannot share it with anyone else.


The Driver Safety Hearing Officer may also require you to complete a vision test, a written test on the rules of the road, and a driving test. If a driving test is required, it will be scheduled as a separate appointment. For that test, you'll need to provide the vehicle you'll be driving and show acceptable proof of financial responsibility (FR), or insurance, in effect at the time of the test.


After the reexamination, the Driver Safety Hearing Officer determines whether any action is necessary regarding your driving privilege in the interest of public safety. If DMV decides to act, this could mean a restriction, probation, suspension, or revocation of your driving privilege. You'll be notified in writing of any action taken, and in most cases, you have the right to request a hearing to contest the decision if you believe it's unwarranted.

If my driving privilege is suspended or revoked after a reexamination, how long will I be unable to

This depends on several factors. In general, these suspensions or revocations last for an indefinite period. That said, DMV may consider reinstating your driving privilege under certain circumstances. 


If your suspension resulted from a medical condition or disorder, DMV will consider reinstatement once you can show that the condition has been brought under control and no longer poses a potential threat to your ability to drive safely. If the condition is permanent—such as partial paralysis or vision loss following a stroke—you may still be able to show that you've learned to compensate for it, which would allow DMV to consider reinstating your driving privilege.


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