Frequently Asked Questions
Q. If my license is suspended or revoked for a physical or mental condition
can I get my driving privilege back?
A. Yes you can. If your driving privilege is suspended for a physical or mental
condition it remains so until you submit evidence that the condition has improved or changed. There is no specific
time indicated by DMV for the suspension so you can reapply anytime by requesting an interview. You must be prepared
to submit evidence that the condition has improved.
Q. Can I be represented at this reinstatement interview?
A. Yes, you can and probably should be.
Q. Do physicians report my medical condition to DMV?
A. Doctors and medical professionals are required by health and safety codes
to report certain conditions to the Health Department. The Health Department then report the condition to DMV.
These conditions primarily fall into the category of conditions characterized by lapses of consciousness or control.
Q. If DMV causes my license to be suspended or revoked in error and law enforcement
arrests me or impounds my vehicle do I have any recourse at DMV for appropriate compensation after the error is
corrected?
A. Yes the Department has a procedure that allows you to submit a claim for compensation.
Q. Where do I send a request for a hearing?
A. You would send it to the nearest D.S. office (listed here). If it is an APS
action (DUI) send it to the nearest D.S. office to the location of your arrest.
Oakland : 510/563-8900
Sacramento : 916/227-2970
City of Commerce : 323/724-4000
Fresno : 559/488-4292
Irvine : 949/440-4416
Oxnard : 805/488-0863
San Bernardino : 909/383-7413
San Diego : 858/627-3901
San Francisco : 415/557-1170
San Jose : 408/277-1314
Q. What should I tell them when requesting a hearing?
A. Give your name, address, license number, phone number and explain why you
are requesting a hearing. If it is an APS action give the date of your arrest and where it occurred. Indicate whether
it is a 08% issue, a refusal issue, or if it is a certificate issue or any other issue. DO NOT GIVE ANYTHING ELSE
and DO NOT DISCUSS THE DETAILS OF YOUR CASE. Do make sure that the address they have on record is correct. You
give anything else, it will be given to the Hearing Officer who will use it against you in a hearing.
Q. When I request a hearing, if the clerk tells me I do not need a hearing, what
should I do?
A. Make sure you find out why. If it is a mandatory action then you are not entitled
to a hearing. If it is an APS action they may tell you it is a waste of time. If that happens (and it does, not
infrequently) ask for the employees name and get the spelling and then ask to speak to the manager. If they say
the manager is unavailable (and they will probably do so) thank them but make a written note of the details of
the contact. If you proceed to a hearing with O'Flaherty and Associates we will make this a part of the record
and determine if it has been resolved at that office location.
Q. I found during a recent law enforcement stop that my license was suspended
and I was not aware of this fact. How can that happen?
A. Many times the Department sends a notice of action to the last known address
of the driver, which is not current. The driver never gets the notice and is unaware of the suspension. You are
required under the state Vehicle Code to notify the Department of any change such as address.
Q. What if I need an interpreter?
A. If you or a witness requires an interpreter, immediately contact us and we
will request that DMV provide an interpreter for the hearing. They are required to comply with this request.
Q. When am I required to report an accident to DMV?
A. If you are involved in an accident you MUST REPORT IT TO DMV if any of the
following are the case:
- there is property damage of more than $500, or
- there is any injury (no matter how minor), or
- a death has occured.
The drivers involved must report the accident within 10 days whether you caused the accident or not and even
if the accident occurred on private property. You must complete both parts of the DMV SR 1/SR 1. You can download
the form from the DMV website. Mail it to:
DMV
Financial Responsibility
P.O.Box 942884
Mail Station J-237
Sacramento, CA. 94284-0884
Q. I am an EMT and have applied for an ambulance certificate. DMV refused to
issue because I was convicted eight years ago for petty theft. My attorney told me the record was expunged after
I completed my probation. How can this happen?
A. As one who has prosecuted many actions for DMV regarding certificate issues
I can only tell you that most attorneys who appear at certificate hearings have minimum idea how the system works
because although they may be brilliant criminal attorneys they are usually unsure of administrative law and in
particular do not understand the "behind the scenes" activities of DMV and how decisions are made. Your
charge was dismissed under 1203.4 of the Penal Code. It was not expunged and for purposes regarding the issue of
a State Certificate it is not considered a dismissal. A 1203.4 PC dismissal is very important and if presented
in the proper context can go a long way in obtaining a favorable decision. In 10 years of doing certificate hearings
for DMV I have only seen it presented (in a positive way) approx 5 times.
Q. I have been suspended, revoked, or restricted and I will accept it and just
get on with my life. A hearing seems like such a hassle and I can't take time from work.
A. Can you work without your license or certificate?. Perhaps you are tempted
to drive without a license. Are you ready to add another violation to your record and perhaps have your vehicle
impounded? The Department banks on the fact that most people do not request a hearing. If they did Driver Safety
would have to seek special funding and employ a whole lot of people. If it's a certificate issue the Department
in most cases does not have the evidence to sustain an action and they do not have to get it if you do not request
a hearing. The bottom line is a hearing request costs you NOTHING: so request a hearing! Even if you decide
later to cancel it you have lost NOTHING.
Q. I called DMV for a hearing before hiring someone to represent me and the representative urged
me to have a phone hearing. Is a phone hearing the same as an in-person hearing?
A. This is VERY IMPORTANT. As a rule NEVER NEVER allow DMV to pressure you into a phone hearing.
They try to push phone hearings for their convenience. I can assure you that many times DMV has more than the Hearing
Officer present during the phone contact (and you will never know). You have no control over a phone hearing and
issues regarding discovery and examining documents being moved into evidence by the Department is very very questionable.
O’Flaherty and Associates very rarely does phone hearings except in situations where geography and distance determine
the circumstances.
Q. I just received a notice of suspension/revocation from DMV. Should I call DMV to schedule a
hearing before I hire an advocate or attorney to represent me?
A. If time permits it is best to contact us before scheduling your DMV hearing. Of course it is
important to schedule a hearing within the DMV stipulated time frame of 10-14 days, however if we have not been
brought in up front, this may cause problems. We have experienced several problems when the client has scheduled
a hearing with DMV and then contacted us to represent them. We have had prior commitments on the scheduled hearing
date and requested a continuance to allow us to appear at the hearing. They (DMV) have many times refused to allow
the continuance and the client has suffered the consequences. Some driver safety offices are more or less inclined
to make an effort to listen to the needs and concerns of the client.
Q. I have a DUI case pending and see that you include this in the type of issues you handle. I
also note that there are lots of attorney web sites and many indicate that they win most of their DMV hearings.
Is that possible?
A. No, not unless the attorney only does very few DMV cases and is very selective in the cases
they accept. The facts are that DMV sustains -- by a large margin -- most APS (DUI) hearings. The bottom line is
you lose, DMV wins. For that reason it is our current policy to accept very few APS cases and unless there is a
reasonable chance of contesting one of the issues at the hearing we will not accept the case. On the other hand
many attorneys will schedule an APS case with DMV as part of their package to represent a client in the court proceedings.
In addition they will use the DMV case to preview their court case and determine the status and reliability of
the States evidence.
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.