Lapse of Consciousness Hearing at Orange DSO – DMV Victory

Case History: California Drivers Advocates (CDA) was hired to represent a client whose driver license had been immediately suspended by the California Department of Motor Vehicles after receiving a Confidential Morbidity Report from a physician reporting that his patient had suffered an “involuntary loss of motor control.”

The doctor’s one-page report did not explain any details of our client’s medical condition but, assuming a physician’s ability to accurately identify a problem, the DMV immediately suspended the driver license and challenged us to prove them wrong.

Our 18 year old client was diagnosed with an unusual form of Migraine Headaches as a child and the condition progressed to a point where it became most severe at about the age of 15.  Our client did not suffer the classic symptoms of a migraine headache; she did not suffer with the blinding pain that is so often associated with this condition.  In her case, our client would experience tremors in her hands.  Eventually, the condition progressed to the point that she would suffer episodes engulfing her entire body.

For several years, her parents had sought the advice and guidance from several doctors but no one could properly diagnose her condition.  Finally, our client’s mother was able to capture one of the episodes on video tape and played it for a new physician.  Seeing the whole body tremor, the doctor was concerned that she may actually be suffering with some form of seizure disorder.  It was this physician who reported the episode to the DMV.   Interestingly enough, after follow-up work, it was this same physician who finally diagnosed the problem and prescribed a new medication that immediately stopped the episodes.

 DMV’s Position: When the DMV receives a Confidential Morbidity Report from a physician which reports that a licensed driver suffered any form of “Lapse of Consciousness or Control” it will immediately assume the worst.  It has been the policy of the DMV to immediately suspend the person’s driving privilege and ask questions later.

Our Defense: When our client retained us, we immediately went to work to schedule her “Lapse of Consciousness” hearing by contacting the Driver Safety Office in the City of Orange.

As always, our defense began with an extremely detailed interview of the client to determine her life history, medical history and driving history.

We began the task of investigating and collecting affirmative evidence to demonstrate our position.  This included collecting and reviewing old medical records as well as having our client examined by several physicians to demonstrate that she was physically and mentally fit to drive.

Over a period of time, our client was able to demonstrate that she was obeying the treatment regimen of her doctors and was responding very well to the new medication.    Because so many different physicians had been involved in the treatment of our client and because so many areas of medicine had been explored, we collected medical reports or diagnostic letters from seven doctors.

We spent a great deal of time preparing our client for her hearing.  When we appeared with her, she was nervous but completely ready.  During the hearing, she testified honestly and with great credibility.  There was no question that she understood her case and completely understood her medical condition.

Our client was not required to perform a driving test and three weeks later, we received the Hearing Officer’s written decision in the mail.  We had won and our client’s driving privilege was fully reinstated without restriction or probation.

Call CDA Today.  Let us put you on the road to victory!

The DMV Defense Experts at California Drivers Advocates include former police officers, DMV Hearing Officers, Investigators and Scientists.  Our training, our experience and our reputation provide any driver the best opportunity to win their Administrative Hearing.

If you have any physical or mental disorder that could affect driving, the DMV should not discriminate against you.  As long as your medical condition is stable, you should be permitted to drive. You have the right to defend yourself.  Don’t let the DMV steal your driving freedom without a fight.  Call CDA today, you’ll be glad you did.

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By | 2017-05-07T05:03:42+00:00 March 6th, 2017|Lapse of Consciousness, Re-Examiniation Hearings, Recent Victories|Comments Off on Lapse of Consciousness Hearing at Orange DSO – DMV Victory

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.