7. Physical & Mental Health Suspensions
Why the Suspension?
Sometimes medical emergencies or other physical or mental episodes will result in loss of driving privileges. Typically this occurs when doctors, police or other professionals comply with their legal requirement to inform DMV if a condition appears to reasonably affect your ability to safely operate a vehicle. Often this process begins with a Mendocino County police officer serving you with a DS427 Notice of Reexamination. (See older version with instructions).
Alternatively, or in addition, you may receive a Notice of Suspension stating a reason for the DMV's action and your rights to contest a suspension in an interview or hearing. Although the Santa Rosa DMV (the nearest hearing office to Mendocino) recognizes that these kinds of conditions are not usually your fault, still, a hearing may be required, not to make you defend anything per se, but rather to determine if your continued driving may be a hazard to the safety of you and those around you.
As with any DMV notice, it is critical that you read and understand the contents of anything served on you by a Mendocino County peace officer or anything you receive in the mail from DMV. Discuss any notices with a local Santa Rosa DUI attorney. Be sure that the DMV has your current mailing address. Be sure that you act prior to any deadline for contacting DMV. Talk to a local Mendocino County lawyer such as Jake immediately if you don't understand the process. Obviously, in these circumstances it is important to act quickly to remedy the condition if possible, or demonstrate adequate modification or accommodation which resolves concern for unsafe driving, or prove there is no legitimate driving-related concern.
The Medical Evaluation Form
Nearly every medical condition hearing in Santa Rosa is driven by an all important medical evaluation form. One of these may have been the initial reason for a current suspension. A Mendocino County DUI attorney will advise that a driver who is subjected to the Santa Rosa DMV's scrutiny typically must obtain a medical report from the original or main treating physician which reflects the absence, elimination or adequate control of the condition which is causing DMV scrutiny.
You can fill out the medical evaluation online, print it to provide to the relevant original or main treating physicians, then be sure to get it back directly from your doctor(s) to complete yourself with supporting materials and send to a Mendocino County lawyer for review. You or your local Mendocino County attorney should generally review the report prior to use at an informal interview or formal hearing in Santa Rosa in order to ensure this is the right timing and that the evaluation is fair and consistent. This type of attorney review of the doctor's comments may often prevent an unnecessary continuing suspension if the form was completed inaccurately or illegibly.
It can take weeks to get the form completed, and schedule a Santa Rosa DMV hearing, so it is important to start this process as soon as you become aware of formal DMV proceedings. Click here for the form: DS326 Driver Medical Evaluation.
The Hearing
Typically you will receive a notice of reexamination stating that you have an opportunity to present evidence as to your ability to drive. Usually it is imperative that you respond within the required time by asking for a hearing in Santa Rosa and then presenting any evidence, including the proper, fully completed DMV medical forms, to show your condition does not affect safe driving. A local Mendocino County lawyer can help you through this process with the least possible stress.
You may be denied reinstatement of your license if there has not been adequate time or information to evaluate your condition. If you are denied reinstatement at the Santa Rosa or Petaluma hearing office, you may request a new hearing or interview once adequate time has elapsed and you have new or more responsive or complete evaluations which show your condition no longer affects safe driving.
Typically if the written medical evaluation is satisfactory to the Santa Rosa DMV, you will be required to take a special drive test and/or written test to confirm your driving and cognitive skills.
Alternatives to a complete suspension may be appropriate and worth exploring, such as a restriction to daytime or limited driving.
Click here on DMV Physical & Mental Guidelines for additional information on what the Santa Rosa DMV considers in these types of hearings. Many conditions and considerations are listed.