DMV and License Issues

California DMV and License Issues

If your license has been seized by a California law enforcement officer, or if you have been contacted by the California Department of Motor Vehicles (DMV) Driver Safety Office regarding any matter relating to your privilege to drive, you need to contact an attorney immediately.

There are several types of DMV license suspensions. Even out of state drivers are at risk of having their privilege to drive in California suspended and the state that issued a driver’s license notified of the California action. There are several types of license suspensions.

Administrative Per Se License Suspension

Any driver arrested for driving under the influence is at risk of having their license to drive (or privilege to drive in California) suspended for driving under the influence of alcohol, medication or drugs. If a person is arrested in California for driving with a blood alcohol level of 0.08 percent, they have ten (10) days from the date of the arrest to request a DMV hearing from the Driver Safety Office or their license will be suspended thirty (30) days from the date of the arrest for a minimum of four (4) months.

A person who holds an out of state driver’s license who is arrested in California for driving with a blood alcohol level of 0.08 percent or greater is at risk of having their privilege to drive in California suspended indefinitely and until such time as the driver completes a licensed California DUI school. Additionally, the driver’s home state may be notified of the California action and may take additional action against the license.

Negligent Operator

California Vehicle Code section 12810 provides that a driver who has a California license can receive three (3) points in twelve (12) months, five (5) points in twenty-four (24) months or seven (7) points in thirty-six months. Any more than that number of points will subject the California licensee to a suspension for being a negligent operator. Most traffic violations are considered a point and at fault accidents result in a point being assessed against the driver’s license. Serious violations, such as reckless driving, driving on a suspended license or driving 100 miles per hour or more result in two points being imposed. Some citations, such as seat belt violations or talking on a cell phone do not presently result in a point being imposed against a California driver’s license.

Failure to request a DMV hearing within the specified time period will result in the automatic suspension of a California driver’s license. Even if a hearing is requested, failure to hire an attorney to appear at the hearing in person or by telephone may result in the suspension of the driver’s license. For that reason, it is critical to hire a qualified attorney who understands DMV law if your driver’s license is at risk of being suspended.

Lack of Skill

The California Department of Motor Vehicles (DMV) Driver Safety Office will initiate a license suspension action in ALL cases where a California Highway Patrol officer, local police officer, sheriff’s deputy or any other law enforcement officer completes a form notifying the DMV that they believe the driver may not have (or no longer has) the necessary skill to safely operate a motor vehicle. This type of DMV action is typically initiated against older drivers.

If you, a relative or someone you know and car about has been issued a document entitled “Request for Reexamination” or has received a notice from the DMV instructing them to report to the DMV for an interview or to take a written test, driving test, vision test or any combination of tests, contact an attorney immediately.

Medical

Physicians and other medical professionals are required by law to report whether a person has a medical condition which may affect their ability to drive a motor vehicle.  Physicians typically report patients who have suffered a loss of consciousness (LOC) or seizure. Oftentimes, the so-called loss of consciousness is not a loss of consciousness at all. Sometimes the case may be initiated by a person dozing off or taking a nap in their car or on a plane.

If you or someone you care about has been contacted by the California Department of Motor Vehicles Driver Safety Office and requested to come in for an interview or been forwarded a medical questionaire, contact an attorney immediately.

This office specializes in representing driver’s before the Department of Motor Vehicles and the Department of Motor Vehicles Driver Safety Office. We have handled hundreds of Hearings and have saved clients from having their driver’s license suspended or helped clients have their driving privileges reinstated. Feel free to contact this office for a no obligation consultation.