The Vehicle Code 21061 VC Hearing: The Re-Examination Hearing conducted pursuant to California Vehicle Code Section 21061 is one of the most immediate of all Administrative Hearings conducted by the Department of Motor Vehicles (DMV). This section of the Vehicle Code empowers California Peace Officers to request the DMV examine and evaluate a particular driver to determine a fitness to drive. This normally occurs after a Peace Officer comes in contact with a driver during a traffic accident investigation or other enforcement stop and, during that contact, suspects the driver may have some Physical or Mental condition that makes them unsafe to drive.
There are two types of Re-Examination that can be ordered under VC 21061.
1.) The Regular Re-Examination Hearing: In this type of Re-Examination, a California Peace Officer mails a request to the Department of Motor Vehicles expressing a concern that you may have a Physical or Mental ailment or condition that affects your ability to drive but, that you are not an immediate hazard to the public. In this case, you will receive notification in the mail that a Re-Examination is required and you will be given 14 days to respond.
2.) The “Priority” Re-Examination Hearing: In this type of Re-Examination, a California Peace Officer personally serves you with a demand that you be re-examined by the California Department of Motor Vehicles immediately because he or she believes you have a Physical or Mental ailment or condition that makes you an immediate hazard to the motoring public. In this case, you only have 5 days to present yourself at a Driver Safety Office for Re-Examination.
Most drivers will take their Notice of Priority Re-Examination and simply walk into a Driver Safety Office with no clue of what to expect; in fact, some drivers don’t even know why they have been ordered to appear. The Re-Examination Hearing pursuant to CVC section 21061 is a formal legal proceeding and should be approached with great caution. Entering such a proceeding with little information and no preparation is a recipe for disaster.
At the Re-Examination Hearing, you should expect to be given a written test and a vision test. While this does not seem like such a big deal, if you have not taken a written test in 20 years, you could easily fail and that would mean the immediate suspension of your driver license for a Lack of Skill. Even if you were to pass the written test and the vision test, then you are set to meet with a DMV Hearing Officer. In the world of the DMV, the Hearing Officer enjoys the same power as a Superior Court Judge. They are not your friend and they full intend to remove you from the road based on what the Peace Officer wrote in his request. Fortunately, you don’t have to face this process alone. Call us, and we’ll step in to guide you.
How Do We Win a Win a Vehicle Code 21061 VC Hearing? To be frank, there is no substitute for experience. Our DMV Defense Experts have fought and won every type of Administrative Hearing conducted by the DMV, and we’ve being doing it for decades. The Re-Examination Hearing for VC 21061 presents its own unique set of challenges but we know what to expect.
The secret to success is preparation – preparation – preparation……..Period! Even though you may only have 5-days to prepare yourself, with our guidance you can be completely ready to fight. Once we are onboard, we lead the way. Preparation for the written test, preparation for a “behind the wheel” test, and preparation for your testimony are all primary steps. A complete investigation is conducted to get to the heart of the DMV’s concern and then we build a wall of evidence around you that will demonstrate that you are a skillful and safe driver.
This is a situation where “going it alone” is not the best plan of action. Professional representation from CDA increases your chances of victory exponentially. Re-Examination Hearings pursuant to CVC 21061 can be WON but you must be prepared for what you will face.