DMV Fitness Hearings Based on Age
I was informed yesterday by a DMV Hearing Officer in Irvine, Orange County that he has experienced a significant increase in the number of cases referred to the Driver Safety Office by the police for investigation of age-related fitness. The increase in DMV Fitness Hearings has coincided with a decrease in DMV Hearings based on DUI arrests in Orange County.Posted By Gold & Witham Categories:
The DMV is bound to inquire as to a person's ability and fitness to drive if they receive a report by any third party questioning a person's fitness to drive because of age. The common scenario is that an elderly driver is pulled over by a police officer for a traffic infraction and the officer has concerns about that person's ability to drive safely because of their age. The officer would then report the incident to the DMV in addition to issuing any citation for a traffic violation. The DMV would then send a notice to the Licensee indicating that a suspension of driving privileges would be activated unless the Licensee requests an interview or hearing at the driver safety office to answer questions about their health and general fitness. Often, a driving test is then required unless it is determined that the original referral was without foundation.
The DMV has broad discretion to revoke an elderly person's license if they believe that the driver is no longer fit and healthy to drive and would pose a risk to the public if allowed to continue driving.
This is a very sensitive issue and many elderly drivers feel victimized when facing this kind of action, particularly when they have a good and lengthy driving history. Many elderly drivers have nobody else to rely on and find themselves helpless when denied the ability to drive. It is always advisable to seek the representation of an experienced DMV Defense Lawyer when facing this kind of action. Los Angeles and Orange County DMV Lawyers Gold & Witham are experienced at helping elderly drivers keep their driving privileges when facing a DMV inquiry as to their fitness and ability to drive safely.