How does the DMV use a Confidential Morbidity Report

What is a Confidential Morbidity Report?   In the interest of public safety, the California Legislature has enacted a series of laws which make it mandatory for physicians or other health professionals to report certain types of medical conditions to the Department of Motor Vehicles. In accordance with Health & Safety Code section 103900, physicians are required to report any person who is 14 years or older if they suffer with any of the following conditions:

  • Any condition or event resulting in a “Lapse of Consciousness.”
  • Any episodes of confusion or dementia.

Health & Safety Code section reads, in part:

The department, in cooperation with the Department of Motor Vehicles, shall define disorders characterized by lapses of consciousness based upon “existing clinical standards and shall include Alzheimer’s disease and those related disorders that are severe enough to be likely to impair a person’s ability to safely operate a motor vehicle….” Related disorders include seizure disorders, brain tumors, narcolepsy, sleep apnea, and other abnormal metabolic states, including hypoglycemia or hyperglycemia associated with diabetes. They also include conditions with a “marked reduction of alertness or responsiveness to external stimuli” and the inability to perform one or more activities of daily living.     

 

The physician will report physical or mental conditions in a Confidential Morbidity Report (CDPH form 110 c)  which is first sent to the County Department of Public Health and then onto the DMV. The DMV is thus required by law to investigate the condition and make a decision as to the patient’s ability to drive.

How does the DMV use the Confidential Morbidity Report to suspend a license?    In nearly all cases where the DMV receives a Confidential Morbidity Report from a physician documenting a physical or mental condition which can effect driving, the department will immediately suspend the person’s driver license in accordance with Vehicle Code section 13953.     Even though the Confidential Morbidity Report is not a sworn document and does not record specific medical diagnosis, the DMV will accept it as valid evidence that a driver is not safe to drive and will immediately remove that person from the road.

Most drivers learn there is a problem when they go to their mail box and find a letter addressed from the DMV. Inside they find an “Order of Suspension/Revocation” that tells them their privilege to drive has already been suspended. The letter will, however, tell the driver they have a right to request a hearing to demonstrate why the suspension/revocation action is not justified. Care should be taken however to react quickly. Is most instances, the DMV will deny a person their right to a hearing if they do not contact a local Driver Safety Office in a specified period of time (normally 10 to 14 days).

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Call California Drivers Advocates, we can help you.    If you have received an “Order of Suspension/Revocation” you should make no mistake. The DMV is not telling you they plan to suspend your driver license. They are telling you it has already happened and you must stop driving. If you have received this devastating letter, do not despair. You can still fight to protect yourself.

Read the notice carefully and then call the DMV Defense Experts at California Drivers Advocates (CDA), immediately. With years of experience and literally hundreds of DMV victories, we may very well be able to help you. There are scores of people driving today with a myriad of physical and mental issues because we were able to demonstrate that their conditions are stable and they are safe to drive. Don’t let the DMV steal your driver license without a fight. Call CDA today.                                           

                       

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More about Lapse of Consciousness & Re-Examination Hearings

The DMV Re-Examination Process

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About the Author:

Rob Collier
Mr. Collier served with distinction as a Law Enforcement Specialist with the United States Air Force and received an honorable discharge. He is a graduate of the United States Air Force Security Police Academy and the United States Army Police Investigators School. While stationed at Edwards Air Force Base, Mr. Collier was one of the first Security Police Specialists to provide “close‐in” security for Space Shuttle Missions when that program was new. Mr. Collier is a Distinguished Graduate of the Los Angeles County Sheriff Academy (Class 228) and the Los Angeles County Sheriff’s Special Weapons and Tactics School (SWAT). He received specialized training in basic accident investigation and determining speed from skids at the San Bernardino Sheriff Academy. For nearly 15 years, Mr. Collier was the Operations Officer for one of the most prominent specialty DUI law firms in the country. Reporting directly to that firm’s owner, Mr. Collier directed the day to day operations of DUI attorneys, investigators, expert witnesses and support staff. He developed the firm’s “white glove” policy of client care that is now the hallmark of our company. He has been involved in the preparation, investigation, and presentation of literally thousands of DMV administrative hearings throughout Southern California. Receiving hands on training from defense attorneys, retired DMV hearing officers, and some of the best scientific experts in the field, Mr. Collier possesses a unique level of experience; making him a true expert in the field of Administrative Advocacy. Mr. Collier is our Chief Advocate and available to represent clients in all categories of DMV hearings in California. If your case is assigned to one of our other professional advocates, Mr. Collier will personally review and supervise each case. He is accessible to each and every one of our clients.