The re-examination process at the Department of Motor Vehicles (DMV) is typically initiated when there is a need to reassess a driver’s fitness or ability to safely operate a vehicle. This can be due to various reasons, such as a medical condition, a noticeable decline in driving skills, or accumulating traffic violations. Here’s a general overview of what the re-examination process might involve:
Notification: The DMV will notify a driver if they are required to undergo re-examination. The process can be initiated by several sources including law enforcement, a physician, family members, anonymous tipsters or even the driver themselves..
Components of Re-Examination: The re-examination can include several components, depending on the reason for the re-examination:
Written Test: To assess the driver’s knowledge of road rules and signs.
Vision Test: To ensure the driver meets the state’s vision requirements.
Driving Test: A behind-the-wheel test to evaluate the driver’s skill to safely operate a vehicle.
Medical Evaluation: Some situations may require a medical review or a statement from a physician about the driver’s health and its impact on driving abilities.
Preparation: Drivers are given very little time to prepare for the re-examination. This can be problematic if they are required to collect medical evidence of their fitness to drive. Also if a person needs to prepare for a written test or a driving test, there may not be much time to do so. There are resources available like the DMV’s Drivers Handbook and driving schools to help in preparation.
Decision: After completing the re-examination process, the DMV will make a decision on the driver’s license status. This can range from clearing the person to drive, imposing restrictions (like driving only during daylight hours), to suspension or revocation of the license.
Appeals: If a driver disagrees with the DMV’s decision, there may be an option to appeal. The process for appeals varies by state and may include hearings or the submission of additional documentation.
It’s important to note that specific procedures and requirements for the re-examination process can vary significantly from one state to another. If you or someone you know is facing a re-examination, it’s a good idea to check with an Administrative Advocate for the most accurate and detailed information regarding the process.
California Law does not permit a driver to be represented at a re-examination. The Legislature concluded that because the license is still intact, the driver is not permitted to be represented. That being said, there is no reason a seasoned Administrative Advocate cannot prepare you to defend yourself. Preparation is the secret to success and we can help with that.
In the re-examination process, the assigned Hearing Officer may order the driver to present medical evidence in a form known as a “Driver Medical Evaluation” (Form DS326). The hearing officer may also require the driver to present evidence of an eye examination in a form known as a “Report of Vision Examination”, (Form DL62).
The Hearing Officer may ask for any other evidence he or she deems relevant.
The Hearing Officer will review all of the evidence presented and then will question the driver extensively in what is known as a “Re-Examination Interview.” (See below).
At the end of the re-examination process, the hearing officer will either close the case and deem no further action needed; or the hearing officer may suspend the driving privilege.
A DMV Administrative Hearing is complicated and must be well prepared. These hearings are run like mini-trials and you ARE permitted to be represented by an Administrative Advocate. The most critical difference is that if you are being “re-examined” your driver license is still valid and you can drive. If you are at the Administrative Hearing, your driving privilege has been suspended and you may not drive until the issue is resolved.
What causes the DMV to initiate a Re-Examination
The DMV will initiate the Re-Examination process of a driver if it receives information from any source that a person may no longer be safe to drive. The DMV classically will receive worrisome information from:
If the DMV receives information from any source that you may not be safe to drive, you can expect to be Re-Examined at a minimum. If the information is received from a Physician or Law Enforcement Officer the DMV will often bypass the Re-Examination process and move to immediate suspension.
Who Makes the Final Decision at a DMV Re-Examination: The California Department of Motor Vehicles is comprised of several divisions. Within the Licensing/Operations Division is the Office of Driver Safety (DSO). The Regional DSOs are scattered throughout the state and cover specific geographic areas. The DSO is the DMV version of a courthouse where all forms of Re-Examinations and Administrative Hearings are conducted.
The person who sits in judgement of you at a DMV Re-Examination is known as a Driver Safety Hearing Officer. This person is the DMV equivalent of a Superior Court Judge. Administrative Law is completely different from what happens in a criminal court. At the DMV, the rules of evidence are relaxed and certain types of information that would never see the light of day in a courtroom are admissible at the DMV. The Driver Safety Hearing Officer is not a judge but they are quite powerful when it comes to one’s privilege to drive.
DMV Hearing Officers are not judges. They are not lawyers and many are not college graduates. They simply are a DMV Employee with a very powerful position within the state.
The Re-Examination Interview:
We have always believed that the “interview” stage of the Re-Examination process should be called the “Investigation” because that is precisely what is occurring. To be blunt, the “interview” stage allows the DMV to conduct an investigation of any driver to determine if there is cause to suspend the driver license. This allows the DMV to stick their nose into your life and to make what is really an arbitrary assessment of one’s ability to drive. At this stage, the DMV holds all the control. As stated earlier, the involved driver IS NOT entitled to legal representation at the Re-Examination Interview because the DMV has not yet made a determination to suspend the driver license. The California Vehicle Code mandates that all drivers cooperate and participate in the DMV’s “interview” or risk the suspension/revocation of their driver license so; your license may be suspended for simply refusing to cooperate with the Department’s investigation.
The bottom line is that if you have been summoned into a DMV Re-Examination Interview, you must participate and you are not entitled to representation. That being said, the “interview” stage of the Re-Examination process is the most informal and relaxed of all DMV proceedings but, it is also an opportunity for an unscrupulous hearing officer to misbehave and be abusive.
Special Note: Although the DMV has the power to prohibit anyone else from being present during the “interview,” many DMV Hearing Officers will allow a representative to be present in the interview for the sole purpose of being a witness; but they cannot participate. The mere presence of a well trained “witness” is that Hearing Officers will often behave themselves as they know they can be held accountable.
Many drivers are frustrated by the Re-Examination “interview” because they are completely unprepared to be interviewed by a DMV hearing officer who may be short-tempered, rude and condescending. The DMV hearing officers are trained to be suspicious and to expect drivers to be evasive when answering questions. Many hearing officers see the “interview” as an opportunity to agitate a person to determine how well they manage stress. Thus, many drivers will walk away from an “interview” feeling beaten up and disillusioned.
The true focus of the interview, however, is for the DMV hearing officer to make a judgement as to whether or not there is good cause for removing the driver from the road.
When the Re-Examination Interview concludes, the hearing officer rarely announces their decision immediately. In most cases, the hearing officer will advise the driver that he/she is taking the matter under consideration and that a written decision will be arriving in the mail shortly. With the Re-Examination Interview concluded, the hearing officer may;
Special Note: If the original information received is egregious enough to suggest that a person’s driving is an immediate hazard to the public, the DMV has the power to by-pass the re-examination stage altogether and go right to suspension. This happens most often when the DMV receives notification from a medical professional that a physical or mental condition exists that may affect a person’s ability to drive.
The Administrative Hearing:
An Administrative Hearing takes place when the DMV decides to suspend or revoke a person’’s privilege to drive, suspecting he/she lacks the necessary knowledge, skill, or physical fitness to drive safely. This hearing is akin to a miniature court trial, complete with the introduction of exhibits, examination of evidence, testimony of witnesses and the driver, and the submission of legal arguments—it’s a comprehensive legal process aimed at reviewing the evidence thoroughly.
Should you find yourself at this juncture, there’s no need for despair. It’s possible to successfully navigate through these hearings and regain your driving privileges. One significant advantage is the right to have a DMV Defense expert represent you, ensuring you don’t have to confront the DMV’s challenges on your own.
Navigating through the DMV’s procedures can indeed be daunting, tiresome, and protracted. The duration for resolving a driver’s license suspension, through the Re-Examination and Administrative Hearing processes, can vary widely—from a month up to a year, with the Re-Examination phase typically lasting around 45 days. However, with proper representation and a well-constructed case, there’s a pathway to resolving these issues and returning to the road.
If you are headed toward a Re-Examination Interview or an Administrative Hearing, you should take the steps to engage a DMV Defense Expert from California Drivers Advocates to begin preparing to win your case. The best way to ensure that you retain full driving privileges is to overwhelm the DMV with so much positive information and evidence to address every conceivable concern they may have. Medical evidence, physical evidence, witness statements, case evaluation and preparation for testimony are all key elements to properly planning for a Re-Examination Interview or Hearing.
Remember, as part of the Re-Examination, the assigned hearing officer has the power to:
When the Re-Examination concludes, the DMV hearing officer possesses broad power in effecting the driver’s privilege to drive. In concluding the Re-Examination Hearing, the DMV hearing officer may:
The California Department of Motor Vehicles (DMV) is the government entity empowered with the authority to grant a driving privilege and to take it away. The DMV’s published position is that they will assist drivers in keeping or regaining their driving privilege whenever possible. The reality, however, is the DMV is not set up to be “user friendly” and does very little to assist drivers in navigating the Re-Examination Process.
If you find yourself drawn into the DMV’s Re-Examination Process, call the DMV Defense Experts at California Drivers Advocates. If you are set for a Re-Examination Interview, we will give you advice on preparing to face the DMV. If you are set for an Administrative Hearing, we can be engaged to assist you and represent you every step of the way.
Don’t face the DMV alone. Call CDA today.
California Drivers Advocates is your solution. We Are Here To Defend Your Driving Privilege. Contact our DMV Defense Experts here.
