Order of Suspension/Revocation for a Physical Condition

What is an Order of Suspension/Revocation from the DMV for having a Physical or Mental Disorder?

If you have received an Order of Suspension/Revocation from the California Department of Motor Vehicles(DMV), for having a Physical or Mental Disorder,  the department has just told you they are taking you off the road because you disorder makes you unsafe to drive.  Let’s be perfectly clear—the Order of Suspension/Revocation is not a “shot across the bow.”  It is not a warning that the MAY take an action against you.  The Order of Suspension/Revocation means the process has already begun and your license will be suspended or revoked on the date specified on the order.

Why does the DMV send an Order of Suspension/Revocation for a Physical or Mental Disorder?

There is no question the California Department of Motor Vehicles, (DMV) is an enormously powerful government agency with little or no oversight.  The department has the absolute power to withdraw a person’s privilege to drive without any regard for the inconvenience, stress, or turmoil that will cause.  It is the obligation of the Department of Motor Vehicles to ensure that all drivers on California roads maintain the following abilities:

• The knowledge to drive
• The Skill to drive
• The Physical and Mental capacity to drive

If the DMV receives information from any source that suggests a person suffers with a Physical or Mental Disorder that affects their ability to drive, the department will presume the information to be accurate and will move rapidly to protect the public by taking that person off the road.

How can I Fight the Suspension/Revocation of my Driver License for a Physical or Mental Disorder? 

Now that you have received an Order of Suspension/Revocation in the mail, there are a number of steps you can take to protect yourself:

• Study the order carefully to determine why this action is being taken.
• Make the decision that you are going to take on the DMV by yourself, or are you going to hire an Administrative Advocate to guide you and represent you through the process.
• Contact the appropriate Driver Safety Office to schedule the correct type of hearing for your matter and to request a Stay of Suspension, if appropriate.
• Make a formal “Request for Discovery” to the Driver Safety Office forcing them to provide you copies of all evidence they are using to justify the suspension.
• Make a plan to collect relevant medical evidence or identify potential witnesses who may be valuable in rebutting the DMV’s case.
• Plan your defense and prepare a notice to the DMV to introduce any evidence you into to use at your hearing.
• Conduct your hearing.

California law makes it expressly clear that all drivers have the right to advocate for themselves at a DMV administrative hearing, so you need not hire anyone to represent you. Physical and Mental Hearings at the DMV can be complicated and confusing and the employees of the DMV will do little or nothing to assist you in defending yourself.  This can be quite frustrating but many drivers choose to represent themselves.

California law does however, does permit an accused driver to be represented by an Administrative Advocate.  Administrative Advocates are true DMV Defense Experts with years of experience and specialized training in dealing with the DMV.  Although you have the freedom to defend yourself, representation by an Administrative Advocate can greatly increase your likelihood of prevailing at an administrative hearing.  If you would like more information on representation by an Administrative Advocate,can assist you in fighting to protect your driving privilege.