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Medical Conditions Doctors Must Report to the DMV
According to SCLG, in most states, physicians must notify the DMV if they diagnose you with medical or mental conditions that may impair your ability to drive safely [1]. Common conditions include lapses of consciousness, Alzheimer’s disease, cataracts, dementia, diabetes, and macular degeneration.
These conditions are a common cause of driver’s license suspensions for elderly drivers. Though drivers of all ages can be affected
When the DMV receives a physician’s report, it may:
- Take no action if there’s no safety risk.
- Request additional medical information.
- Conduct a reexamination hearing.
In rare cases, immediately suspend or revoke your driving privileges. The DMV must notify you in writing of its decision.
California DMV Process for Handling Medical Conditions
Doctor’s Duty to Report
Under California law, doctors must report any medical or mental condition that could impair safe driving to the DMV through a “confidential morbidity report.” While doctors cannot revoke your license, their report initiates the DMV’s review process.
Reporting and Suspension
Besides doctors, other parties like law enforcement officers, judges, family members, friends, concerned citizens, and the drivers themselves can report medical conditions to the DMV.
California Vehicle Code 12806 VC lets the DMV suspend a license for a medical condition. Though the DMV may only do this if the condition actually affects your ability to drive safely.
Understanding the DMV Reexamination Hearing Process
According to SGL, a DMV reexamination hearing is an in-person evaluation to determine if you possess the physical and mental skills necessary to drive safely [2]. This hearing, also known as a “lack of skill inquiry,” “Physical and Mental Conditions Hearing” (P&M hearing), or “medical suspension hearing,” assesses your driving abilities.
If you are notified by the DMV that a reexamination/P&M hearing is required, you must:
- Complete and submit a DMV Driver Medical Evaluation Form (DME) with your doctor’s assistance.
- Attend the in-person reexamination hearing, scheduled at least ten days after the notice.
Preparing for Your Reexamination Hearing
Before the reexamination hearing, consider:
- Obtaining a complete copy of your driving record.
- Arrange for your doctor or medical specialist to attend the hearing or provide a detailed letter of support.
- Completing a driver’s safety course and securing a certification of completion.
The Reexamination Hearing Procedure
The hearing takes place at a local DMV driver safety office and is conducted by a DMV hearing officer.
During the hearing, the officer will evaluate your driving skills by:
- Reviewing your DME form.
- Accepting testimony from you and/or your physician.
- Administering written, vision, and/or driving skills tests.
If you do not attend your P&M hearing, the DMV will automatically suspend or revoke your license. The DMV’s action will remain in effect until you reschedule and appear for another hearing. You may be represented by a DMV hearing attorney at your P&M hearing
An attorney experienced in DMV hearings can significantly help you “pass” the reexamination or establish a strong record for pursuing your case in court through a writ of mandate.
Related Article: I Won My DMV Hearing
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References:
1. https://www.shouselaw.com/ca/blog/your-physician-is-required-to-notify-the-dmv-if-you-have-been-diagnosed-with/
2. https://simasgovlaw.com/dmv-reexamination-hearing/