What is a Vehicle Code 21061 VC Reexamination Hearing? California Vehicle Code (CVC) section 21061 permits a Peace Officer to issue a “Notice of Re-Examination” to any driver whom he or she believes has a physical or mental condition affecting their ability to drive a motor Vehicle.
CVC section 21061 reads, in part:
…a traffic officer may issue a notice of re-examination to any person who violates any provision of this division and who, at the time of the violation, exhibits evidence of incapacity to the traffic officer which leads the traffic officer to reasonably believe that the person is incapable of operating a motor vehicle…..
When the California Department of Motor Vehicles (DMV) learns that a Peace Officer has issued you a “Notice of Re-Examination,” it is mandated by law to investigate the officer’s concern. To conduct that evaluation, the DMV will demand that you participate in a Re-Examination Hearing.
Also known as a “P & M” Hearing, the Re-Examination Hearing can include face to face interviews, written testing, vision testing, physical or mental evaluations and even a behind-wheel-test. Absent evidence to the contrary, the DMV will presume the Peace Officer’s concern to be valid and will suspend or revoke your driver license in the interest of public safety.
As ominous as this all sounds, Re-Examination Hearings can be WON! You can beat the DMV at its own game but it will require the assistance of a DMV Defense Expert. It is appropriate for you to present evidence which demonstrates your ability to drive but, that evidence must be presented properly to be admissible at your Re-Examination Hearing.
What Happens if I Don’t Schedule a CVC 21061 Re-Examination Hearing? The “Notice of Re-Examination” you receive from the DMV or from a California Peace Officer is both a notice and an invitation. First, this is the DMV’s Notice that using the information they possess, they intend to strip you of your right to drive. Secondly, this is an invitation for you to prove them wrong.
Although the DMV cannot force you to participate in the Re-Examination Hearing, failure to do so WILL RESULT IN THE SUSPENSION OR REVOCATION OF YOUR LICENSE. There are no other options. You either play their game or, you lose your license……….Period! Fortunately, you don’t have to do this alone. We’re here to help.