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Marin County, CA Physical and Mental Health License Revocation Hearing Lawyer

Larkspur Physical & Mental License Revocation Hearings Attorney

California Lawyer Representing CDL Holders at Physical and Mental DMV Hearings

A person with a mental or physical condition may have their driver's license revoked if the California DMV determines that the condition makes them unable to safely operate a motor vehicle. Commercial driver's license (CDL) holders are often subjected to physical and mental license revocation hearings if they are charged with DUI or are reported for driving poorly. A license suspension or revocation can cost a commercial driver their job. For this reason, it is important to have experienced legal counsel by your side while fighting to keep your license.

At Burglin Law Offices, P.C., we have successfully represented individuals at physical and mental license revocation hearings for over 30 years. Attorney Paul Burglin co-authors California Drunk Driving Law, a two-volume legal guide that is commonly referred to as "the Bible of DUI Defense." Paul thoroughly understands the California DUI laws and related statutes, and he knows the most effective defense strategies to ensure that commercial drivers keep their licenses and maintain their livelihoods. His vast experience and successful track record in this area of the law make him the "go to" attorney for DMV hearing officers and other government officials when someone close to them is in danger of losing their driving privileges.

Physical and Mental License Revocation Hearings in California

While persons with mental or physical impairments have a right to drive, they may have their driving privileges taken away if they have a history of several moving violations and/or vehicle accidents.

The California DMV may act to suspend the license of an individual who has:

  • A history of alcohol or drug abuse;
  • A disorder that may result in a "lapse in consciousness" (e.g., sleep disorders, epilepsy, Alzheimer's/dementia, vision disorder, diabetes);
  • A disorder that has caused, and may recurrently cause, a lapse in consciousness or episode of marked confusion while driving; or
  • Any other mental or physical condition that could impact their ability to safely operate a motor vehicle.

A written report usually triggers a license suspension/revocation action by the DMV. The most common sources of such a report include:

  • Civilians, often relatives or close acquaintances, who report concerns about the health and driving habits of someone they know.
  • Physicians who report concerning conditions to a local health officer, who in turn files a report with the DMV.
  • Police officers who send a report to the DMV after DUI, auto accident, or other serious driving incidents.

When the DMV receives a report, they may decide that there is insufficient information with which to take further action, or they may notify the driver of a reexamination hearing (CVC §13801), intention to revoke or withhold their driving privileges (CVC §13950), or immediate revocation of their driving privileges (CVC §13953).

If a driver is notified, after a reexamination hearing or otherwise, that their driving privileges are being withheld or revoked, they may request a DMV administrative hearing within 10 days of receipt of the notice to challenge the decision of the DMV. Drivers may also choose to challenge their physical or mental license suspension/revocation in court by filing a Petition for Alternative Writ of Mandate. The court process is more complicated, and the guidance of a seasoned driver's license defense attorney is highly recommended.

Speak with a Skilled Marin County Physical and Mental License Revocation Hearings Lawyer

A physical or mental condition reexamination is a common method used by the DMV against CDL holders and drivers who are charged with DUI. Attorney Paul Burglin has extensive experience successfully representing clients at their DMV hearings and filing writs against the California DMV for improper suspension or revocation of a license. In his 30+ years of practice, Paul has obtained reinstatements for numerous seniors and other drivers, allowing them to maintain their driving privileges.

If you are faced with a physical or mental license revocation hearing in California, contact our office today at 415-729-7300 for a personalized consultation with attorney Paul Burglin. We serve clients throughout the Bay Area, including Marin County, Tiburon, Sausalito, Mill Valley, Larkspur, San Rafael, Novato, San Anselmo and Fairfax. We handle locals and tourists from Sonoma and Napa, as well as those cited in San Francisco, Oakland, and Martinez.
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