Guide to Medical Re-Examination DMV Hearings
This guide is a summary of why DMV is taking a medical re-examination hearing and what to expect from the process.
Why Is DMV Suspending My License Because of a Medical Issue?Regardless of wether it is a anonymous tip or if you were involved in an accident due to a medical condition, DMV will hold a medical re-examination hearing to ensure you are physically, mentally, and skillfully capable of operating a motor vehicle.
I have a "PERFECT DRIVING RECORD" They Can't Do This to Me Can They?The answer is, yes they can. Let me give you a hypothetical. Lets say I am your average driver with exceptional driving capabilities. I have never had a traffic ticket and never had an accident. One day, a freak accident occurs, a meter falls out of the sky, and I'm rendered blind. Your DMV and you learn of my blindness. Would it matter to you that I drove perfect for the last 30 years if I'm blind? Does it matter that it wasn't my fault the meteor struck me making me blind? Would you permit me to drive even if I have never had an accident but I couldn't see two fingers in front of me? Of course you wouldn't allow a blind person to drive, regardless of how perfect their driving record is. The same goes to DMV regarding your medical case. It doesn't matter how perfect your prior driving record is, it's about the here and now, or ARE YOU CURRENTLY, PHYSICALLY, MENTALLY, AND SKILLFULLY able to drive a car.
What Can I expect at my DMV Hearing?First, you must provide DMV with a medical form clearing you for driving. It is EXTREMELY important for your attorney to review the form before it is submitted to the DMV because incomplete or inaccurate medical forms are the number one cause of the drivers license suspension in a DMV hearing such as this. Second, a hearing will be held at the DMV Driver Safety Office in your area. The hearing will be held by a DMV hearing officer who acts like your judge in your case, however, not all DMV hearing officers are created equal. Some are reasonable and fair while others love to suspend people's licenses so it is extremely important to allow your attorney to choose the date and precise location of your hearing. Following a successful hearing, the hearing officer may require to do a written test or a behind the wheel test or both.
Do I Need an Attorney for the Medical DMV Hearing Process?Please consider this, you are facing a life long suspension of your drivers license. With anything that important, you should be repersented by an attorney who handles these types of hearings frequently. Unfortuantely, many drivers will find that they are treated much different when repersented by an attorney then if they try to go it alone. I often hearing how hearing officers are mean to previously unrepresented clients or how the hearing officer asked highly inappropriate questions during this hearing. Only with the presence of an DMV hearing attorney can you ensure the protection of your rights.