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Bay Area Physical & Mental Evaluations Attorney Serving California

California DMV defense attorney

California DMV Defense Attorneys for Physical & Mental Hearings

There are a variety of reasons why California residents may be subject to a driver’s license suspension or revocation. The loss of a license is often related to a DUI arrest or conviction, but the California DMV is also authorized to revoke a person’s license if there is reason to believe that they have a physical or mental disorder that has affected their ability to drive safely. In situations where the DMV takes action against a person for these reasons, it is important to understand the procedures that will be followed and the steps a person can take to protect their ability to drive.

If you are facing a license suspension or revocation for any reason, you will want to determine your legal options. Burglin Law Offices, P.C. has helped thousands of clients defend against the loss of their driver’s licenses in cases involving DUI and other types of suspensions. We can provide you with representation during DMV hearings or other proceedings, and we will advocate on your behalf and help you demonstrate that you have the ability to drive safely. With his understanding of the laws that affect California driver’s licenses, attorney Paul Burglin offers the knowledge and experience to help you protect your driving privilege.

Investigations and Examinations of Physical and Mental Health Issues Affecting Drivers

California law authorizes the DMV to conduct investigations of drivers who are suspected of having physical or mental disorders that may affect their ability to safely operate a motor vehicle. These investigations may be triggered by multiple issues, such as information reported by a person’s family members, observations made by a police officer during a traffic stop, reports made by medical providers, or information a person inadvertently provides to the DMV when conducting activities such as renewing their driver’s license.

Conditions that may lead the DMV to take action to suspend a person’s license include:

  • Drug or alcohol addiction
  • Disorders that affect mental functioning, such as Alzheimer’s disease or dementia
  • Mental illnesses that may affect a person’s ability to act safely, such as bipolar disorder, anxiety, depression, or schizophrenia
  • Disorders that may result in a lapse of consciousness, such as epilepsy, narcolepsy, or diabetes
  • Issues that may affect a person’s vision, such as cataracts or age-related macular degeneration
  • Physical disorders that may affect a person’s strength, stamina, or coordination, such as cerebral palsy or muscular dystrophy

After the DMV performs a risk assessment, it may take additional steps to determine whether a person can drive safely or whether their license should be revoked. A person may be asked to submit a Driver Medical Evaluation (DME) form that will detail their medical history and the forms of treatment they have received in the past and are currently receiving. The DMV may also conduct a re-examination to evaluate the person’s physical and mental capabilities and determine whether a license suspension is appropriate. A physical and mental examination (commonly known as a “P&M hearing”) may include an interview with the driver, a written test, a vision evaluation, and/or a driving test. Based on the results of this examination, the DMV may choose to take no action, or it may suspend or revoke a person’s license or place restrictions on when and where the person can drive.

If the DMV takes action to suspend a person’s driver’s license based on physical or mental health issues, the driver is entitled to an administrative hearing where their case may be reviewed and additional evidence may be considered. At the hearing, the person may present evidence such as medical records, statements from family members, or testimony from expert witnesses, and if a hearing officer determines that they have the ability to drive safely, their driver’s license may be reinstated.

Contact Our Bay Area P&M Hearing Attorney

If you are facing the possible suspension of your driver’s license based on physical or mental health issues, let attorney Paul Burglin exlplain your legal options. He will advise you on the best steps to take to show that you can drive safely and provide you with representation during hearings. We will do everything we can to seek the reinstatement of your driving privilege. Contact our office today at 415-729-7300 to arrange a no-obligation consultation.

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