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Frequently Asked Questions About California DMV Driver Safety Hearings
Q: Who recommends you for DMV CA hearings
A: My former clients, other attorneys, doctors, CPAs, clergy, and insurance companies have referred clients to me with confidence because they know that I do my very best as a California DMV hearing lawyer for each and every client. I've even served several attorneys as clients; and others attorneys have referred their parents to me, because they understand how important it is to have specialized expertise in the work at hand.
I am a frequent speaker and teacher on DMV hearings and driver safety issues.
Q: What percentage of your clients actually get re-licensed?
A: About 80 percent get their licenses back. Without professional legal representation, by an experienced CA DMV hearing lawyer, the odds are much lower. In fact, just having a hearing does not in any way guarantee a later opportunity to take the drive test. But where my clients pass the written test and their doctors "ok" driving, I've always succeeded in getting my client the opportunity to take the drive test.
Q: What is the average age of your clients?
A: Most are between 70 and 80, but many are younger and some are older.
My “oldest” client, so far, got his license back for five years at the age of
101.
Q: Why do you take difficult cases such as Alzheimer's and Parkinson's?
A: I'm a California DMV lawyer, not a doctor, but my understanding is that these medical conditions, like others including stroke, epilepsy and diabetes affect individuals differently and in a broad range of stages progressing from mild to severe in their likely effect on driving competency.
Where there is a hearing (or follow-up “interview”) available, there is always
hope. So my task is to show the hearing officer why we should be allowed
further opportunity for re-licensing. This is done in different ways, depending
upon the case. But one thing is always the same: I try to emphasize the positive
aspects of my client's case.
One way that I frequently do this, is to look “forward” with my client to
solutions to their problem, rather than “back” at what caused the DMV's
scrutiny in the first place. We don't ignore the cause of the problem, but we
do focus on the present and future in finding ways to solve it.
Q: Why don't you take DUI cases?
A: I don't want to. All of my clients have one thing in common: They did
not do anything intentionally to cause the DMV to question their driving
competency. These are what the DMV calls physical and mental conditions. A
DUI, on the other hand, typically has made a decision to drive after drinking
or taking drugs.
Q: Why should we hire you?
A: Because I focus my client on the issues that can help them. And I prepare
my cases on paper, not just by speaking up at the hearing. DMV hearing
officers throughout California have told me that they appreciate the way I
document my case so that they may create a case file that reflects the
reasonableness of their decision to either reinstate my client immediately, or
to provide an opportunity for a drive test, usually after sufficient
behind-the-wheel lessons by a licensed instructor.
I don't just do the hearing and then abandon my client either. My typical
contract covers three aspects of the hearing process:
Preparation. This includes working with doctors and driving schools to
create a compelling presentation for the hearing.
The Hearing. Typically, I'll personally take my client to the DMV's
Driver Safety Office so that we may discuss the hearing and answer any last
minute questions. This is also a good time to help put my client at ease.
Follow-up. I continue to work with my client, the DMV hearing officer,
the driving school, the doctors, whatever it takes so long as it is lawful, to
move my client back into the driver seat. Sometimes, for example, if a client
fails a drive test, we can obtain a new Special Instruction Permit (SIP) by
conducting a 3-way “conference” phone call with the hearing officer.
Q: How long does all this take?
A: Most cases are in the 60- to 90-day range. My record on the short side
is 11 days. That's 11 days from the time my client first contacted me to the
time we had him re-examined and back on the road with his Class C driver
license.
Q: Will you serve my area?
A: Yes! I am an Orange County DMV attorney who has served clients in all 12 DMV Driver Safety Offices throughout the State of California--from Sacramento to San Diego:
- Irvine.
- El Segundo.
- San Bernardino.
- Van Nuys.
- City of Commerce.
- San Diego.
- Oxnard.
- Fresno.
- San Jose.
- San Francisco.
- Sacramento.
- Oakland.
Q: Why does the DMV even have hearings?
A: Due process. It is a right initially flowing from the federal
constitution that, in this context, means that even where the state calls
something a “privilege,” such as driving, the state must afford folks a chance
to be heard before taking it away.
Q: OK. But, don't they want to get all driving seniors off the road anyway?
A: No. In fact, each year we have more and more licensed drivers who are
more than 100 years old. They're competent too. The issues are knowledge (of
the laws) and skill and ability to drive safely.
You can click here for DMV FAQs
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