Like any governmental agency, the DMV is an imperfect machine and, while those responsible for deciding who drives and who doesn’t may have good intentions, that “imperfect machine ” may still sometimes take away driving privileges from people who shouldn’t be sidelined. When that happens to you due to your alleged history of lapses of consciousness, you need to be sure you have skilled San Francisco DMV defense counsel on your side.
The array of medical maladies that can cause lapses of consciousness are varied, ranging from epilepsy to sleep disorders (like sleep apnea or narcolepsy) to diabetes to other seizure disorders. You should be aware that the lapse of consciousness that triggers DMV action need not be a massive seizure or total blackout; it can be something as simple as falling asleep at the wheel. The DMV has various means of learning about a driver’s lapse-of-consciousness-inducing medical disorder, although it often happens as a result of being informed by a physician. In other instances, the DMV may obtain information from a family member or an anonymous tipster.
It is very important to keep in mind that, if the DMV determines that your condition represents a danger to you or others on the road as a result of your propensity for losing consciousness, it will seek to suspend or revoke your driving privileges in a very quick manner. As a result, you may find that your driving privileges were suspended or revoked immediately.
You shouldn’t, however, presume that your immediate suspension or revocation means that you have no options and that all hope is lost. You are entitled to request a hearing about your license status. At that hearing, you can present documented evidence, you can testify, you can call witnesses and offer expert testimony, like that from doctors, to demonstrate to the hearing officer that you are actually safe to drive and should not have had your license suspended.
Two different ways to get your driving privileges back
There may be multiple different ways to achieve a successful result and get back on the road legally. You may be able to persuade the hearing officer that the DMV’s determination was erroneous and that you should get your license back with no restrictions. Alternately, you may be able to persuade the hearing officer that you should be placed on probation, instead of having your license suspended.
In that circumstance, you have to jump through certain procedural “hoops” to maintain your driving privileges. Type II probation simply requires you to have your physician submit a “Driver Medical Evaluation” form to the DMV on a periodic basis. Type III probation “requires the driver to report, in writing, on a regular basis to the department on the status of his/her disorder. While probation is not the most optimal outcome, it may represent a successful one in that it keeps you on the road legally.
If your license has been suspended by the DMV due a lapse-of-consciousness issue, you need to make sure you get a positive result at your hearing. That means that you need to know how to present witnesses, offer documentary proof and challenge the DMV’s evidence against you. You need a skilled DMV defender. To get that representation, talk to the knowledgeable San Francisco DMV defense professionals at Uthman Law Office right away. Attorney David Uthman has over 20 years of experience as a litigation attorney and almost a decade of experience as a police officer. We know the law, we know the process and we know what it takes for you to get the results you need. Call us today at (415) 556-9200 to schedule your FREE initial consultation.
More blog posts:
When the California DMV Can Take Your License Based on Your Medical Condition and What You Can Do About It, San Francisco Criminal Lawyer Blog, Nov. 27, 2018
The Difference Between a Lack-of-Skill Interview and a Lack-of-Skill Hearing and What These Processes Mean to Your California Driving Privileges, San Francisco Criminal Lawyer Blog, Nov. 9, 2018