The Do’s and Don’ts of Responding to a Notice of Re-Examination from the California DMV

In almost any type of legal matter, there are certain things you definitely should do and things you definitely shouldn’t. For example, if you get caught speeding, do not try to invent some off-the-cuff lie to create a purported justification for your speeding, and don’t double-down on that lie after the original lie has been exposed. Instead, you should contact a knowledgeable DMV defense attorney about your options.

Similarly, if you get a notice of re-examination from the DMV as a result of your alleged seizure disorder, there are definite do’s and don’ts. Definitely don’t ignore the notice. Do reach out with all due speed to an experienced San Francisco DMV defense attorney to help you determine what you next steps should be, and to prepare for them.

The legal action of A.K.A. was a case study in the do’s and don’ts of DMV notices of re-examination. For A.K.A., his troubles with the DMV began after he was involved in an accident in 2006. This triggered the DMV’s issuing a notice of re-examination. This notice occurs if the DMV believes that it may have reason to suspend your license due to your lack of “ability to operate a motor vehicle safely due to… a physical or mental condition.”

A.K.A. did not respond to his notice and, having failed to complete the re-examination process, the DMV suspended his license. Even after the DMV has issued a suspension, you still have options. You may be able to get that suspension lifted if you appear at a hearing and persuade the hearing officer that a suspension is not proper. A.K.A. eventually had such a hearing, but the hearing officer affirmed the suspension. Working against the driver was a report from a neurologist that said that A.K.A. had a seizure disorder, that he was at immediate risk of another seizure at any time, that he had stopped taking his anti-seizure medicine and that A.K.A. posed “an immediate threat to traffic safety and should not be driving for his safety and that of others on the roadway.”

Had the driver obtained capable counsel and put on persuasive evidence supporting his side of the case (as you should do), he might still have been able to overcome the evidence and get his driving privileges back. However, A.K.A.’s actions again fell into the “don’t” column. He had no counsel and, as the appeals court pointed out, he gave the hearing officer no proof of any kind, either in the form of documentation or testimony that would counter the evidence that the DMV had presented at the hearing.

Another thing you should do is make certain that, in all your arguments, both in person and on paper, you’re focusing on the key assertions and most powerful evidence the DMV has against you. Again, your skilled DMV defense attorney can be very helpful in keeping your case focused where it needs to be.

A.K.A. didn’t have an attorney and his pleadings didn’t have that much-needed focus. When he filed an action in the Superior Court seeking to reverse the suspension, A.K.A. didn’t take on the neurologist or the neurologist’s report. Instead, he focused his contentions on his claim that the suspension was based on false statements provided by an ex-wife or ex-girlfriend who was intoxicated at the time of her statement. This, of course, completely ignored that, regardless of what A.K.A.’s exes had said about his driving, the DMV had a report from a certified medical profession to support its position that he wasn’t safe to drive.

There are many things you can do in response to receiving a notice of re-examination from the DMV. Some are things you should do and some are things you shouldn’t. Among the list of “should” items, retaining capable counsel needs to be at the top of your list. Contact the skilled San Francisco DMV defense professionals at Uthman Law Office for the help you need. Attorney David Uthman has over 20 years of experience as a litigation attorney and almost a decade of experience as a police officer. At the Uthman Law Office, we know the law, we know the process and we know how to get results. Call us today at (415) 556-9200 to schedule your free initial consultation.

More blog posts:

Defense attorney does not need to disclose information about a witness that he does not call to testify, San Francisco Criminal Lawyer Blog, Jan. 29, 2019

When Points on Your California License Can Lead to Suspension — And What You Can Do to Avoid That, San Francisco Criminal Lawyer Blog, Jan. 23, 2019