What is a Lack of Skill suspension at the DMV

Why does the DMV think I Lack the Skill to drive?  Any person who operates motor vehicles in the State of California is subject to the “Watchful Eye” of the California Department of Motor Vehicles (DMV).  The California DMV is one of the most powerful government agencies in the State of California because they possess the nearly unbridled power to suspend a person’s driving privilege at will.  The sudden loss of one’s driving freedom can cause serious financial troubles and can even affect one’s feeling of self-worth.

Because the unsafe operation of a motor vehicle can have devastating consequences, the California DMV will monitor all drivers in the state to ensure they remain courteous, safe and that they maintain the skill necessary to continue driving.  When it adopted our driving laws, the California State Legislature wrote sweeping provisions into the California Vehicle Code (CVC) that gives the DMV broad power to suspend or revoke a person’s driving privilege for virtually any reason it deems appropriate.Some of the more common reasons the DMV will suspend or revoke a driver license are:

  • DUI
  • Too many moving violations
  • Too many accidents
  • Physical or mental disorders
  • Fraud
  • Financial Responsibility

One of the more powerful focuses of the DMV is a person’s ability or SKILL to drive. In most instances, a Lack of Skill suspension will actually begin as something entirely different.  For example, a driver may come into the DMV’s focus because of a physical or mental disorder, but then during that process, the driver may have some difficulty passing a written test or a driving test.  In that instance, the DMV will re-focus itself on a driver’s Lack of Skill as opposed to the original physical or mental concern.

Another example of what the DMV may determine is a Lack of Skill is the misapplication of control pedals.  If a driver’s foot slips from the brake pedal onto the accelerator, which causes a sudden acceleration and a crash, the DMV may believe that suggests the driver no longer possesses the skill to drive.  A simple slip of the foot may be viewed as something much more serious.

How do I prove to the DMV that I do not Lack the Skill to drive? If you’re asking this question, clearly the DMV is in the process of suspending or revoking your driving privilege.   To properly defend yourself against such an attack you must evaluate three issues:

  • Why is the DMV taking this action? What caused this problem?
  • Do I really Lack the Skill to drive?
  • Who should I select to represent me?

Why is the DMV taking this action? It is important for you to understand what has caused the DMV to focus on you.  Did you fail a written test?  Did you fail a driving test?  Did your foot slip off of the brake pedal onto the accelerator which caused a traffic accident?  It is important for you to have a clear picture of how you got here.  That way you can make a plan of attack.

Do I really Lack the Skill to Drive?  This is a very important question that only you can answer for yourself.  Every time we get behind the wheel of a car, we accept the profound responsibility of keeping other drivers safe.  If we have reached a point in our lives where we can no longer drive because of a physical or mental condition, then it is time to hang up our keys.  If we cannot safely drive because we have aged to a point where our vision, perception and reaction time are affected, it is time to stop driving.  This requires self-assessment and requires that we be honest with ourselves.  If you really do believe, however, that you still maintain the skill necessary to drive safely, then it is time to defend yourself.

Who should I select to represent me? The California Vehicle Code makes it clear that an accused driver may be represented by anyone of their choosing at a DMV Administrative Hearing.  If the California DMV has notified you that they intend to suspend or revoke your driving privilege because of a Lack of Skill, you are entitled to fight for yourself and your driving privilege at a formal hearing before the DMV.  You are permitted to present relevant witnesses and evidence to demonstrate you do possess the requisite skills to drive.

Known as a Lack of Skill Hearing, this is a full-blown evidentiary hearing where evidence is introduced, witnesses may testify and experts may offer opinions.  Legal arguments are waged and decisions are made.

If you are facing the prospect of losing your driving privilege for a Lack of Skill, you should be represented by a DMV Defense Expert with years of training and experience in fighting the DMV.  There is no school that teaches anyone how to conduct these hearings.  This is truly a specialty field that requires years of experience to master.

Call the DMV Defense Experts at CDA; we are ready to win your hearing –  The DMV Defense Experts at California Drivers Advocates are a team of former police officers, DMV Hearing Officers, Investigators and scientists who are all focused on one thing.  Beating the DMV at their own game.  We have been fighting and winning all forms of DMV administrative hearings for many, many years.  Our experience comes from years of doing the job the right way.   Call CDA today, we’ll take the lead and get you back on the road.

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By | 2017-05-07T05:03:45+00:00 July 2nd, 2016|Lack of Skill, Re-Examiniation Hearings|0 Comments

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.