DMV Re-Examination Hearing at the San Bernardino Driver Safety Office

Case History: California Drivers Advocates was hired to assist our client in restoring his driving privilege after the DMV had arbitrarily suspended his license for a “Lapse of Consciousness.”

Our 41 year old client was diagnosed with Type I diabetes at the age of 10. Over 30 years, he had remained compliant with his doctor’s orders and had been vigilant in the frequent testing of his blood sugar. He had worked hard on the maintenance of his disease. During 25 years of driving, he maintained a remarkably clean driving record and diabetes had never affected his ability to drive.

In October 2015, our client was driving in the area of Oceanside when he experienced a “lapse of consciousness” as a result of low blood sugar. He had been working long hours and had skipped a planned test of his blood sugar and had inadvertently skipped a meal. This caused his blood-sugar level to plummet and he became disoriented to the pointed that he was involved in a non-injury traffic collision.

Immediately after the crash, he was unable to speak but recognized what was happening and used emergency supplies to pump sugar into his body. When paramedics arrived shortly thereafter, a quick test of his blood-glucose levels revealed that his blood-sugar was dangerously low.

This was an isolated incident that was the direct result of a missed meal. Our client had never experienced anything similar at any point in the past.

When he was transported to a local hospital, the emergency room physician was mandated by California Law to report the issue to the California DMV who promptly suspended his driver license on the spot. This created an immediate financial hardship on our client as he was unable to provide for his wife and young son.

DMV’s Position: The California DMV’s position was crystal clear. If the department receives a medical referral from any physician suggesting a driver may have a physical condition which makes them unsafe to drive, the DMV will act first and ask questions later.

In this case, the DMV acted immediately to suspend our client’s driver license once a physician notified them that he had suffered a “lapse of consciousness” related to diabetes.

Once such a suspension of this nature occurs, the driver’s privilege will not be reinstated until they prove their ability to safely drive. To make this happen, the driver must schedule, conduct and win a Re-Examination Hearing.

Our Defense: Once we were retained, we acted immediately to schedule a Re-Examination Hearing at the San Bernardino Driver Safety Office.

As is the situation in all of our cases, the secret to success was a complete investigation, thorough preparation, and a robust presentation at the Re-Examination Hearing. Our client carefully followed a plan to provide us pertinent medical evidence that rebutted the DMV’s suspicion by presenting the medical opinions of 3 physicians. We prepared our client to challenge the written test, he attended an on-line driving course and we went through an extensive process to prepare our client for examination and cross-examination.

When we entered the hearing, our case was fully prepared for presentation and our client was ready and confident.

Outcome: Entering the Re-Examination Hearing we were 100% prepared. The hearing officer accepted all of our affirmative evidence without objection and our client testified perfectly. Our closing argument was dynamic and compelling.

It is quite common for hearing officers to demand that a driver take a “behind the wheel” test before considering the reinstatement of a driver license. It is also quite common for hearing officers to seek to monitor a driver by placing them on medical probation. Neither of these things occurred in this case.

One week later, we received written notice that the hearing officer had completely “Set Aside” the suspension of our client’s driving privilege and his license was fully reinstated without probation or restriction.

Our client has learned a profound lesson about the importance of monitoring his disease, especially when operating motor vehicles. Today he has returned to driving and is able to provide for his family.

 If the DMV is ordering you into a “Re-Examination,” call us immediately.

If the DMV announces that they intend to suspend or revoke your driver license for a physical or mental problem, don’t despair. You have an absolute right to examine the evidence against you and to work to prove that evidence is incorrect or that you have adapted sufficiently to ensure safe driving

At California Drivers Advocates, we have been defending drivers with all forms of physical and mental ailments for years. We can get you back on the road.