![]() DRIVERS LICENSE ATTORNEYS DMV HEARING LAWYERS ![]() DMV & Driver License Suspensions & RevocationsThe loss of your Driver License can have a dramatic effect on the quality of your life and on those who depend on you. At Takakjian, Sowers & Sitkoff LLP we have helped our clients keep their driver license. Often a "stay" can be requested so that you can continue to drive pending the outcome of the DMV Administrative Per Se or other DMV Driver Safety hearing. If you have received notification that a proposed action is being taken by the DMV against your driver license, then you must request a hearing within 10 days of receiving personal service or within 14 days from the date a notice is mailed. If you do not make a timely request, your right to a hearing will be lost! We recognize your need to drive and can help you. Our firm would be happy to contact DMV for you so you can continue to drive. Please call us immediately at (888) 579-4844 Please click on the following links for more information about the topics you'll find on our website:Topics:
Frequently Asked Questions
Topics:Driver License Suspension or Revocation for Medical ReasonsThe DMV may restrict, suspend or revoke the driver license of a driver for a medical reason such as: a serious memory disorder, diabetes mellitus or lapses of consciousness. If this happens, you must request a hearing immediately. At Takakjian, Sowers & Sitkoff LLP we are quite successful at returning our client's driver license. We recognize your need to drive and can help you. We will request a hearing for you and represent you at the DMV. Please call us immediately at (888) 579-4844 Physicians are required to report certain physical and mental conditions,
the Health and Safety Code requires physicians and surgeons to report in writing
to the local health officer, the name, birth date, and address of every patient
at least 14 years of age or older who is diagnosed as having a disorder characterized
by lapses of consciousness or dementia (mental disorders) or other conditions
such as Alzheimer's. If a doctor has notified the DMV of your medical condition, you may be required to have a hearing and submit a Driver Medical Evaluation (DME) form. This form is requested when medical information is needed to evaluate a driver's medical condition in relationship to safe driving. Primarily used by DMV Driver Safety, this five-page document assists hearing officers to evaluate the physical and/or mental condition(s) of the driver and to determine what action, if any, to take with regard to the driving privilege. The first page of the Driver Medical Evaluation (DME) form requires the driver
to complete a brief health history and to certify under penalty of perjury that
the information is true and complete. The remainder of the form requires the
driver's physician to provide information on the driver's diagnosis, treatment,
and level of functional impairment, if any. Specific sections address lapses
of consciousness, diabetes, Alzheimers, dementia and cognitive impairments,
as they pose a higher degree of potential traffic safety risk. For more information please see: The Alzheimer's Association http://www.alz.org/ A national network of chapters and the largest national voluntary health organization committed to finding a cure for Alzheimer's and helping those affected by the disease. The Alzheimer's Association is here to help. This site is your gateway to a wealth of information. Call them at (800) 272-3900 if you have more questions - and they'll help you find the answers. DementiaDementia is an organic brain disorder characterized by impaired cognition involving memory and judgment. Paranoia and disturbances of higher cortical function are common. Changes in personality and behavior frequently occur. For more information please see: WebMD - What is Dementia? http://my.webmd.com/content/article/1626.50835 Dementia is the loss of mental functions -- such as thinking, memory, and reasoning -- that is severe enough to interfere with a person's daily functioning. Dementia is not a disease itself, but rather a group of symptoms that are caused by various diseases or conditions. Symptoms can also include changes in personality, mood, and behavior. In some cases, the dementia can be treated and cured because the cause is treatable. Dementia is generally a progressive disorder which passes through stages of mild to moderate to severe. Only drivers with dementia in the mild stage may still have preserved cognitive functions necessary to safely operate a motor vehicle. The DMV may receive a report of dementia from a variety of sources, including physicians, law enforcement agencies, and relatives of the driver. Regardless of the source of the information, the department of motor vehicles must follow up by sending the reported driver the Driver Medical Evaluation. An action will not be taken by the department against the driving privilege without receiving information from a physician. If the driver fails to submit the required Driver Medical Evaluation information, the driving privilege will be suspended pursuant to Vehicle Code. The stages are defined below to assist in understanding how a person's daily living activities and driving abilities are affected. Similar definitions are included on the Driver Medical Evaluation (form DS 326) to help physicians provide the DMV with consistent evaluations. Mild Dementia: The capacity for independent living, including adequate personal hygiene and judgment, remains relatively intact. Work or social activities are, however, significantly impaired. Cognitive skills necessary for safe driving, including attention, judgment, and memory, may be significantly impaired. All drivers who have been referred to the department or diagnosed with mild dementia are scheduled for a driver safety reexamination interview. The driver is given a written knowledge test and reexamined by a hearing officer to assess cognitive deterioration. Applicants who previously took oral exams may be given an oral exam. If the written test was passed and the reexamination interview determined that it would be appropriate, the driver will be given a vision test and scheduled to take a Special Driving Test or Supplemental Driver Performance Evaluation. If the driving test was satisfactory, a calendar reexamination is scheduled requiring the driver to return to the department within 6 to 12 months so that the dementia can be reassessed, since a mild stage of dementia can rapidly progress to moderate or severe. Moderate Dementia: Independent living is hazardous and some degree
of supervision is necessary. The individual is unable to adequately cope with
the environment. Appropriate interpretation of what is seen may be significantly
impaired, causing poor or delayed judgment and reaction. Driving would be dangerous. How Moderate and Severe Dementia Affect Driving People with moderate or severe dementia will not be able to safely operate a motor vehicle because their driving skills and physical and mental abilities have deteriorated in the following ways:
The cognitive and physical abilities of drivers who have been diagnosed with moderate or severe dementia will have deteriorated to such an extent that driving would be unsafe, and their driving privilege will be revoked. Reexamination Reexamination is only appropriate for drivers whose dementia is still diagnosed as mild. Drivers with a medical diagnosis of moderate to severe dementia need no further testing because progression of the disease beyond the mild stage of dementia renders the person unsafe to drive. In-Person Contact An in-person contact is needed to assess awareness, cognitive processes, and perception. The driver will be expected to answer general questions such as name, address, or type of insurance, along with questions about the driver's health, medical treatment, driving record, need to drive, daily routine, and the need for assistance with daily activities. Inappropriate use of words (syntax) to answer the questions may identify deterioration in language processing skills and indicate some impairment of cognitive abilities. The Knowledge Test The knowledge test is used to determine the driver's mental competency, cognitive and language skills. The primary reason for giving drivers with mild dementia the knowledge test is to determine if these drivers have deteriorating reading and comprehension skills. If they do, they may also have impaired cognitive and perceptual skills which may impact their ability to safely drive a motor vehicle. Testing the driver's knowledge of the rules of the road is a secondary issue, although still relevant. The hearing officer must determine if a poor score on the knowledge test merely indicates a lack of knowledge, or indicates that the driver has difficulty reading and comprehending the questions. The following will be considered when evaluating the knowledge test results:
If the driver fails the knowledge test after the questions were restated verbally,
and it is determined the driver's failure is due to a lack of knowledge, the
driving privilege will be suspended pursuant to Vehicle Code. Special Drive Test The special drive test is used in determining the driver's competency and ability in the areas of concentration, perception, attention, and/or judgment. A special drive test or Supplemental Driver Performance Evaluation (SDPE) is only appropriate if a medical diagnosis of mild dementia is given, the knowledge and vision screening tests are passed, and the driver answers questions coherently during the in-person contact with the hearing officer. If the results of the special drive test are satisfactory, the driver will be scheduled for a calendar reexamination, and appropriate license restrictions may be applied, as guided by the results of the Special Drive Test. Drivers should be reevaluated in 6 months or less when the results of the knowledge and drive tests are marginal and the dementia is not expected to progress rapidly. Diabetes MellitusDiabetes mellitus is a chronic life-long metabolic disorder affecting approximately five to ten percent of the population. Diabetes can develop at any age. Insulin, a pancreatic hormone which maintains normal metabolism of carbohydrates, fats, and protein, regulates how the body uses and stores food for energy. Insulin is the key to diabetes. Lack of insulin affects the body's ability to properly use glucose. In diabetes, the body either stops producing insulin or cannot properly use the insulin it makes. The three types of diabetes mellitus are:
For more information please see: Diabetes Organizations http://www.diabetesnet.com/organiz.php This directory lists voluntary, governmental, and private organizations involved in diabetes-related activities. Some organizations offer services to people with diabetes and their families and friends. Lapses of ConsciousnessDisorders characterized by lapses of consciousness result from many medical conditions. Epilepsy is the most common disorder seen by the DMV. Epilepsy can occur at any age and can also remit spontaneously. Epilepsy is a condition characterized by two or more recurring seizures. While the causes of epilepsy are not always known, seizures can be caused by anything that impairs normal brain function such as trauma, tumor, infection, genetics, stroke, injury, injury at birth, metabolic imbalances, high fever, or an overdose of toxins from alcohol or drugs. Sleep disorders can also manifest themselves as a loss of awareness or loss of consciousness. Some lapse of consciousness disorders cannot be corrected. For more information please see: National Institute of Neurological Disorders and Stroke http://www.ninds.nih.gov/health_and_medical/disorders/epilepsy.htm Medical ProbationsThe Department of Motor Vehicles has the authority under the Vehicle Code to place a person's driving privilege on probation in lieu of suspension or revocation. A medical probation allows the department to monitor the driver's medical condition on an ongoing basis. There are two medical probations that are appropriate for drivers with lapse of consciousness disorders, Medical Probation Type II and Type III. Placing a person on medical probation allows drivers with controlled epilepsy and other disorders characterized by a lapse of consciousness to continue driving. A medical probation is only to be used when control of a lapse of consciousness disorder has been achieved for at least three months.
The decision to place a driver on Medical probation Type II should be based on a combination of considerations. The main factors include but are not limited to:
Negligent Operator Driver License Suspension or RevocationRevocationOnce you are licensed to drive in California, If you start accumulating too
many tickets for moving violations, which count as 1 or 2 points, you may be
considered a negligent operator and lose your driver license. You will be considered a negligent operator if your driving record shows any of the following point count totals:
At Takakjian, Sowers & Sitkoff LLP we recognize that you may have a critical need to drive and can request a hearing for you and represent you at the DMV. Please call us immediately at (888) 579-4844 Seniors
The DMV may restrict, suspend or revoke the driver license of a mature driver for a number of reasons, such as: a serious memory disorder (such as Alzheimer's), diabetes mellitus, a lapse of consciousness, negligent operator points or lack of skill. At Takakjian, Sowers & Sitkoff LLP we recognize your need to drive and can help you. We can request a hearing for you and represent you at the DMV. Please call us immediately at (888) 579-4844 Often the completion of a Driver Improvement Course, which provides instruction on defensive driving and California motor vehicle laws, will satisfy the DMV and restore the driver license. During this course, information is provided to seniors on the effects that medication, fatigue, alcohol, visual or auditory limitations have on a person's driving ability. Mature drivers, 55 or older, who successfully complete an approved Driver Improvement course can qualify for reduced motor vehicle insurance premiums. California law allows insurance companies to determine the percentage of premium reduction. The insurance carrier can refuse to give a reduced rate to those who have poor driving records. You may wish to ask your insurance company about your eligibility and the amount of discount prior to taking an approved mature Driver Improvement Course. The course requires classroom time of at least six hours and forty minutes. This time may be scheduled in one or two sessions. The maximum fee for the course is $20 plus a $1 charge for a DMV certificate to be presented to your insurer as proof you have completed the course. The list of DMV approved "Mature Driver Improvement Course" Providers can be found at http://www.dmv.ca.gov/vehindustry/ol/md_programs.htm Seniors Internet Resource Center This site lists a large number of links
which may be of interest to seniors. Because of its breadth, some of the links
may be more interesting than others. www.wiredseniors.com/ageofreason/ Drunk Driving - Administrative Per Se (A.P.S.) HearingsIf you have been recently arrested for a DUI or have been involved in a traffic collision and suspected of being under the influence of alcohol, or boating under the influence, you need to hire an attorney immediately. Of course, we hope that if you, a family member or someone else has been involved a traffic collision, that they are okay. Also, it is very important for us to learn right away if you received a temporary driver license from the arresting officer. On that form you will see that the DMV must be contacted within ten days of arrest to request an Administrative Per Se hearing to stop your automatic driver license suspension! Otherwise, on a first offense, your driver license could be suspended automatically for 4 months and on a second offense for a one year license suspension! Also, please note that if you are subsequently caught driving on a suspended license, a new law says that in addition to being arrested the car you are driving will be impounded and can even be sold! However, you may still qualify for a restricted license! We have been handling DMV license suspension hearings for many years and we are quite successful at representing our clients and eliminating the driver license suspension. Please see our DUI - Drunk Driving webpage. Our attorneys at, Takakjian, Sowers & Sitkoff LLP, would be happy to contact DMV for you so you can continue to drive. Please call us immediately at (888) 579-4844 Boating Under the InfluenceIf you operate a vessel after having alcoholic drinks you may be arrested for boating under the influence. A boating under the influence conviction in California will appear as a DUI on your driver record and you may lose your driver license. With a blood alcohol concentration (BAC) that is 0.08% or more, it is illegal for drivers 21 years of age and older to:
With a BAC that is 0.04% or more, it is illegal for drivers 21 years of age and older to:
With a BAC that is 0.01% or more, it is illegal for drivers under 21 years of age to:
A BAC below legal limits does not mean that it is safe to drive. Some drivers show the effects of alcohol at levels lower than the legal limit. Please see our DUI - Drunk Driving webpage for more information. California DMV - Driver Handbook - Actions Resulting in Loss of License CALIFORNIA DEPARTMENT OF BOATING AND WATERWAYS LINKS
Web LinksCalifornia DMV – Vehicle Code (A very lengthy document – you may wish to use the “Search” function of the main DMV site) Traffic School Location List DMV - California Department of Motor Vehicles - General Information -
California DMV - Driver Handbook - California DMV Offices - http://www.dmv.ca.gov/fo/regions/california.htm Seniors Internet Resource Center This site lists a large number of links which may be of interest to seniors. Because of its breadth, some of the links may be more interesting than others. www.wiredseniors.com/ageofreason/ The Alzheimer's Association http://www.alz.org/
A national network of chapters and the largest national voluntary health organization
committed to finding a cure for Alzheimer's and helping those affected by the
disease. The Alzheimer's Association is here to help. This site is your gateway
to a wealth of information. Call them at (800) 272-3900 if you have more questions
- and they'll help you find the answers. Diabetes Organizations http://www.diabetesnet.com/organiz.php This directory lists voluntary, governmental, and private organizations involved in diabetes-related activities. Some organizations offer services to people with diabetes and their families and friends. National Institute of Neurological Disorders and Stroke The list of DMV approved "Mature Driver Improvement Course" Providers can be found at http://www.dmv.ca.gov/vehindustry/ol/md_programs.htm California DMV - Driver Handbook - Actions Resulting in Loss of License
For more information about travel and driver licensing requirements outside of the US, visit the US State Department Road Safety Overseas website at: http://travel.state.gov/road_safety.html DMV Traffic Accident Report form SR 1/SR 1A. Auto Insurance Specialists - A.I.S. Insurance Progressive Insurance http://www1.progressive.com Frequently Asked Questions
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DMV - Driver License Suspension - Disclaimer The DMV, Driver License Suspensions, Drivers License Revocations, DMV hearing, revoked license, negligent operator, reckless driving, drunk driving, or other legal defense information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Our law firm encourages you to seek independent counsel for legal advice regarding your individual legal issues, including drivers license suspension, driver license revocations, DMV hearing, negligent operator, drunk driving, and reckless driving. Any results portrayed here were dependant on the facts of that case and the results will differ if based on different facts. Please contact our Law Firm for a Lawyer and Criminal Defense Attorney at one of our nearby Southern California Law Firm Offices in: Los Angeles, Orange, San Bernardino, Santa Barbara and Ventura counties. Serving the communities of: Los Angeles County, California, Los Angeles Criminal Defense Attorney, Agoura, Alhambra, Bellflower, Beverly Hills, Burbank, Calabasas, Century City, Chatsworth, Compton, Culver City, Diamond Bar, Downey, El Segundo, Encino, Glendale, Glendora, Hermosa Beach, Hidden Hills, Hollywood, Huntington Park, Inglewood, Los Angeles Lawyer, La Canada, Long Beach, Los Angeles Attorney, Malibu, Manhattan Beach, Marina Del Rey, Norwalk, Palos Verdes, Pasadena, Pomona, Rancho Palos Verdes, Redondo Beach, Rolling Hills, San Dimas, San Fernando, San Marino, San Pedro, Santa Clarita, Sierra Madre, Santa Monica, South Gate, South Pasadena, Sylmar, Torrance, Universal City, Valencia, Van Nuys, West Covina, West Hollywood, Walnut, Westchester, West Hollywood, Westlake Village, Whittier, Woodland Hills, California, Orange County Criminal Defense Attorney and lawyer for Orange County Lawyer, Anaheim, Anaheim Hills, Buena Park, Costa Mesa, Fullerton, Garden Grove, Huntington Beach, Irvine Attorney, Laguna Beach, Laguna Hills, Laguna Niguel, La Habra, La Palma, Mission Viejo, Newport Beach, Orange, Orange County Lawyer, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Tustin, Villa Park, Westminster, Yorba Linda, California, Criminal Defense Attorney and dui defense lawyer for Ventura County, California, Camarillo, Moorpark, Oxnard, San Buenaventura, Simi Valley, Thousand Oaks, Ventura Criminal Attorney, Westlake Village, Criminal Defense Attorney and Dui lawyer San Bernardino County, California, Ontario, Rancho Cucamonga, Upland, Santa Barbara County, Santa Barbara. The attorney responsible for the content of this website is Don Sowers. Any reference obtained from this site to a specific service, product or process does not constitute or imply an endorsement by the firm of the service, product or process or its producer or provider. This web site is not intended to solicit clients for matters outside of the state of California.
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