What action should I take?

1. Read any documents that you received from DMV.
2. If DMV is requesting medical or vision reports then send this information to them. Failure to do so will lead to suspension of driving privilege for non-compliance.
3. Decide if you wish to contest the issue(s) as stated by DMV. If you do, then contact O'Flaherty and Associates immediately to discuss your options.

First, you must carefully read all of the documents that are provided or mailed to you by DMV. These documents must indicate why they are doing what they are doing, and these documents should tell you the issues involved in your case. They will tell you what deadlines you must meet and your rights that apply in the administrative hearing process. Any hearing will be limited to those issues listed in these documents.

If you decide to contest the issues and go to a hearing you need to understand why the Department is taking the action. If it is a reexamination interview on a medical issue is DMV requesting medical or vision reports prior to the contact? If they are requesting this information and you fail to provide it, you will be suspended for non-compliance with the request (VC 13801). Usually when the documents are provided this suspension will be ended.

When you have requested a hearing do not discuss anything with DMV prior to the hearing and do not mail any information to the Department (except as indicated in the above mentioned medical issues). Requests for discovery must be provided.

---

Disclaimer: The information presented on this site should not be construed to be formal legal advice. We are not attorneys and we encourage you to seek legal advice regarding your individual legal issues.

The Administrative Procedure Act (APA) found in California Government Code Sections 11400 through 11528, and CVC Sections 14100 through 14112 govern Driver Safety hearings conducted by DMV.

---