What Happens at a Physical Reexamination Hearing?: As we all know, the privilege to drive in California comes with strings attached. We all must pass a written test, we all must maintain auto insurance, and we all must obey the rules of the road. Break the rules and we risk losing our driver license. One of the conditions placed on our privilege is that we maintain a level of physical health that ensures our ability to safely operate motor a vehicle.
If you are scheduled for a Physical Reexamination Hearing at The California Department of Motor Vehicles, it is because the department suspects that something has changed or developed in your life that now renders you physically incapable of driving. The DMV may find you physically unfit to drive if you suffer with uncontrolled diabetes, vision problems, hearing problems, or limits to physical coordination. The Physical Reexamination Hearing is the DMV’s tool to confirming their suspicions and taking you off the road.
1.) The Interview Stage—essentially the interview stage occurs in a Hearing Officer’s private office and is tape recorded. The interview gives the DMV the “first crack” at trying to get to the bottom of why you may not be safe to drive. Most often a driver will appear for the interview completely unprepared and not understanding what is at stake. The interview is often callous, probative, and personally invasive. If you are not prepared for the interview, you can walk out of such a meeting feeling like you’ve just been run over by a truck.
2.) The Hearing Stage—following the interview, if the DMV Hearing Officer has decided to suspend or revoke your driver license, you then have 14 days to schedule an actual hearing. This Hearing Stage is an opportunity for the driver to reverse the decision made at the Interview Stage by rebutting or disproving the Hearing Officer’s finding.
Depending upon the issues presented at the Physical Reexamination hearing, the result can be a full reinstatement of your driving privilege, however, the Hearing Officer also has the power to place you on medical probation, a driving restriction, a suspension, or the full and permanent revocation of your driving privilege. This is serious business.
How Can I Win a Physical Reexamination Hearing?: If there is any secret to winning a DMV Physical Reexamination Hearing it is to not attempt this alone and be completely prepared. Make no mistake. When you walk in the door, the DMV Hearing Officer holds all the cards and all the power. You literally can enter this hearing from a deficit if you’re not prepared. Drivers are often taken off guard when the hearing officer unexpectedly directs them to take a written test, a vision test, or a “behind-the-wheel” test. This may not seem like a big deal but if you haven’t taken a DMV “Laws Test” in 20 years you could easily fail and BANG…………there goes your driver license.
In addition to preparing you for these little surprises, however, we enter the room with you and we are ready to be proactive. Prior to your hearing, we will investigate the allegation against you and be ready to rebut the DMV by presenting “affirmative evidence” of your physical fitness to drive. Our goal is to shut down this process as quickly as possible and we’ll be with you every step of the way. You won’t face the DMV alone. Hearing Officers are often surprised and caught off guard when we walk in with a driver who is not only ready to confidently answer every question asked but, who is also ready to introduce concrete evidence that proves our point.
Understanding the DMV Reexamination process is critical. You can WIN a Physical Reexamination hearing if you are properly guided, prepared, and assisted by a DMV Defense Expert. To prevail at a Physical Reexamination Hearing requires much, much, more than having a casual chat with the Hearing Officer.