DMV PHYSICAL/MENTAL HEARINGS

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Facts About DMV Physical and Mental Hearings

INDEFINITE SUSPENSION ACTIONS DEPENDING ON UNDERLYING MEDICAL CONDITIONS

In addition to DMV "Admin Per Se" or "Administrative Per Se" Hearings, which stem from a DUI Charge, the DMV can also take suspension actions for any alleged "Physical and/or Mental Condition" that "may" affect a person's ability to safely operate a motor vehicle. This can entail almost any type of physical or mental condition and includes the use of any medications a person may take that "may" affect a person's ability to safely operate a motor vehicle.

A WRITTEN REPORT USUALLY TRIGGERS THE SUSPENSION ACTION

Unless the issue presents itself when a driver appears at a DMV office, there are generally three ways in which the DMV will learn of a potential physical or mental problem with a driver:

  • Civilian submits a written “Request for Driver Reexamination” [Form DS-699] to the DMV concerning a driver’s physical or mental condition, or poor driving habits. Anonymity may be requested, but the DMV is not bound by the request. The reporting party’s connection to the driver is requested so that the DMV can try and determine the basis for the complaint and any ulterior motive the reporting party might have.
  • A Peace officer sends report to DMV requesting reexamination of driver (normally occurs when officer observes erratic driving, or investigates accident, and he suspects there may be a physical or mental disability).
  • Physician submits a report to the local health officer, who in turn files a report to the DMV. A report is mandatory for any driver whose condition is characterized by a lapse of consciousness, which includes Alzheimer’s disease and related disorders. A doctor may report any other condition which he believes, in good faith, will serve the public interest. Health & Safety Code §103900; Title 17 of California Code of Regulations, §2810. Mandatory reports must be submitted by the doctor within 7 days of his learning of the disorder. Id.

WHAT WILL BE DISCUSSED AT DMV PHYSICAL/MENTAL HEARINGS

The hearing officer will normally ask the driver questions about their driving history, driving needs, and medical condition (including the use of prescriptive medications). If dementia is an issue, the driver should anticipate some general questions about current their ability to recall certain events. If the person is a diabetic, the driver should expect to answer some general questions about their ability to control the diabetes. See Title 13 of the California Code of Regulations, §110.01, for factors to be considered.

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The hearing officer may, and often will, want a “Driver Medical Evaluation” [DS-2326] completed by the driver’s treating physician. If vision is an issue, a “Report of Vision Examination” [DL-62] may also be required.

Click the link to learn more about California Department of Motor Vehicles' Physical/Mental Hearings.

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