Medical Re-examination Hearing

Advising the Mature Driver and Medical Re-Examination Hearings

Whether you are maturing driver or a family member of an aging driver, the possibility that the senior may have to stop driving can impact a family socially, emotionally, and financially.  We understand that losing one’s driving privilege represents a tangible loss of independence and status.  We work closely with the senior and the family if appropriate to examine what is the best course of action.

The DMV has the authority to investigate and reexamine the senior’s ability to operate a motor vehicle safely due to a physical or mental condition or a poor driving record. DMV receives information from many sources, to name a few:

  • Your physician or surgeon who is required by law to report to DMV certain conditions or disorders characterized by loss of consciousness or control, including Alzheimer’s disease.
  • Emergency medical personnel who may see you in an emergency facility due to a sudden loss of consciousness, awareness, or control.
  • A law enforcement officer who stops you for a traffic law violation or is at an accident scene in which you were involved and you appear to be an unsafe driver.
  • A Request for Priority Reexamination from a peace officer who has observed your driving and believes you are an unsafe driver and should not continue driving.

If the DMV is made aware that you have a medical condition that may cause a potential driving risk to yourself or others, or your driving record indicates negligent driving activity, DMV will evaluate you to ensure you can drive safely. The DMV may take immediate action against your driving privilege by suspending your driver’s license or even revoking it. However, you are entitled to a hearing in which you may present relevant evidence demonstrating that you do not present a risk to the roadways.

Nicole Irmer is highly experienced in representing clients in this area of law. Nicole is well versed on the recent trends and issues related to this area of law. For more information, please contact our law office at (619) 237-6130.