If your California driver's license is threatened with suspension, or if you have had your driver's license actually suspended by the DMV, and regardless of whether your license is a commercial license or a non-commercial driver's license, and despite whether the suspension was premised upon a DUI charge (APS hearing), a medical reason (loss of consciousness, etc.), negligent operator allegation (too many points on your driving record), a failure to appear in court, a failure to pay a fine, child support problems, or whatever reason, you absolutely, positively need an attorney who knows the law, who will pursue justice in your case, and who can and will protect both your driver's license before the Department of Motor Vehicles (DMV) as well as before a court of law. At the MAYO LAW CLINIC we vigorously defend individuals who are threatened with, or who have actually had their driver's license suspended by the DMV.   CALL US AT (530) 898-8468 TO SCHEDULE YOUR FREE CONSULTATION!

ABOUT THE DMV

DUI-RELATED SUSPENSIONS (APS HEARINGS)

WARNING – CAUTION! If you have been arrested in California for DUI, you will have had your driver's license seized by the arresting officer. This is California's version of the “Stop and Snatch” law which permits the police to act as an agent for the DMV. You will customarily be provided an 81/2” x 11” pink sheet of paper which acts as both a temporary (30 day) driver's license, as well as a suspension order for your license – the DMV's DS-367 form. This form also purports to advise you of your rights and obligations under the law. With any DUI arrest, the DMV wants to suspend your driver's license for anywhere from 4 months (first offense with blood alcohol over 0.08%) to 3 years (third or more offense with chemical test refusal) as a result of your DUI arrest. THE DMV HEARING (ADMIN PER SE) IS AN ENTIRELY SEPARATE PROCEEDING FROM THE CRIMINAL COURT PROSECUTION FOR DUI.

IT IS EXTREMELY IMPORTANT THAT YOU UNDERSTAND THAT YOU HAVE ONLY TEN (10) DAYS FROM THE DATE OF YOUR ARREST IN ORDER TO CALL THE DMV'S DRIVER'S SAFETY OFFICE IN ORDER TO GET AN ADMINISTRATIVE PER SE (APS) HEARING AND IN ORDER TO GET A STAY OF YOUR LICENSE SUSPENSION. IF YOU WAIT FOR ELEVEN (11) DAYS TO CONTACT THE DMV, YOU WILL NOT GET A HEARING, AND YOU WILL HAVE YOUR DRIVER'S LICENSE AUTOMATICALLY SUSPENDED BY THE DMV ON THE 31ST DAY AFTER YOUR ARREST! ALSO, YOU MUST CALL A SPECIFIC DMV OFFICE TO ARRANGE AN APS HEARING, AS NOT EVERY DMV OFFICE CAN ARRANGE AN APS HEARING IN YOUR MATTER!

IS IT WORTH FIGHTING THE DMV? ABSOLUTELY! According to the DMV's own statistics, approximately one-third of all persons who were suspended for DUI at the time of their arrest kept their driver's license by requesting a hearing to fight the suspension. Hiring an experienced and knowledgeable attorney, while not a guarantee of success, does increase the odds of winning your case.

WARNING – CAUTION! DON'T WAIT ANOTHER DAY – IN CASE OF A DUI ARREST, AND THE ACCOMPANYING LICENSE REVOCATION/SUSPENSION ORDER, YOU MUST CALL THE MAYO LAW CLINIC IMMEDIATELY IN ORDER TO PROTECT YOUR LICENSE – IT COSTS YOU NOTHING, AND THERE IS NO OBLIGATION ON YOUR PART WHATSOEVER! OUR PHONE NUMBER IS: (530) 898-8468

OTHER LICENSE SUSPENSIONS

The DMV is authorized by regulation to discipline any licensee based upon various guidelines which the DMV has promulgated, Deviation from the DMV's guidelines includes, but is not limited to, placing a licensee on probation (or reinstating probation).  Deviation from these guidelines, including the terms of probation, if any there be, is vested in the sole discretion of the DMV which, in turn, is based upon the facts of any particular case which warrants such a deviation (mitigating or aggravating factors, the age of the case, and evidentiary problems, etc.). Thus, inherent in the regulation and control of license suspension/revocation law is the fact that there is room for the DMV to deviate from its otherwise strict guidelines. For this reason, hiring an attorney who regularly practices before the DMV is critical. DMV guidelines have been established for the following actions:

Action AgainstTthe Driving Privilege Based On The Negligent Operator Treatment System (NOTS)

The DMV may suspend a person's driver's license in the event they have accumulated too many points over a one year, two year, or three year period. This is referred to as the Negligent Operator Treatment System or the “NOTS” program. The DMV has established policies and procedures for negligent operator point counts under VC §12810, for negligent operator hearings and decisions, and for numerous, fatal and/or serious injury accidents (VC §13800, et seq.). With respect to a NOTS hearings based upon fatal and serious injury accidents, the DMV, Division of Driver Safety, has authored an internal memorandum, DSP 90-28 (October 3, 1990), which is commonly understood among driver safety hearing officers to require, at a minimum, a one-year driving privilege revocation for any at-fault fatal accident. To the extent that this memo is relied upon for that purpose, or any other policy-describing purpose, it may be an illegal underground regulation under the terms of GC § 11340.5 and 11342.

Actions Against The Commercial Driving Privilege

Drivers of Class A, B, and C commercial vehicles must meet medical requirements established by the federal government and the DMV. The driver must file a medical report, renewable every two years, with the DMV and carry an approved valid medical certificate with their license.

Federal Standards

All commercial drivers who drive interstate must meet the standards of the Federal Highway Administration of the Department of Transportation as set forth in the Federal Motor Carrier Safety Regulations (FMCSR), Subpart E, §§391.41 through 49.

California Standards

Vehicle Code §12804.9 requires that the department determine whether the applicant is mentally and physically fit to operate a motor vehicle, and permits the department to consider the standards required by federal regulations in establishing California medical requirements for commercial driver licenses. It also provides that any physical defect of the applicant which, in the opinion of the department, is compensated for to ensure safe driving ability, will not prevent the issuance of the license. Vehicle Code §12809 authorizes the department to refuse to issue a commercial license to any person not meeting the medical requirements.

California Regulations

Title 13, Article 2.1, §§28.18 and 28.19, of the California Code of Regulations (CCR) provides the minimum physical and medical requirements for Class A, B, or Commercial Class C driver licenses. These are the same standards required of motor carrier drivers by the Federal Highway Administration of the Department of Transportation.

Immediate (Summary) Actions

If the DMV receives information which, in its view, warrants revocation of the driving privilege because of an immediate driving hazard, a revocation pursuant to VC §13953 will be taken without first reexamining the driver.

Commercial DUI – VC §23152(d)

VC §23152(d) makes it a misdemeanor for any person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in VC §15210. This is literally one-half the amount of blood alcohol that is permitted for a driver of a non-commercial vehicle to have in their blood.

Actions Against Driver License Certificates and Endorsements

Some licenses (certificates) are statutorily issued by the California Highway Patrol (CHP) Under the Vehicle Code (VC §2500, et seq.) the Commissioner of the CHP may issue licenses for the operation of privately owned or operated ambulances, armored cars, fleet owner inspection and maintenance stations, and for the transportation of hazardous material, including the transport-tat ion of explosives and radioactive materials, school buses, farm labor transportation, the developmentally disabled, and tow trucks. Endorsements include: double trailer, hazardous materials, tank vehicles, passenger transportation and triple trailers.

Actions Against The Driving Privilege Based On Age, Physical, Medical, Mental And/Or Drug Dependency

Under certain circumstances, medical personnel are required to notify the DMV if you have, or if you are suffering from, a particular medical condition.   For example, if you are taken to a hospital emergency room for evaluation for being unconscious, the hospital staff will typically notify the DMV of your condition, and you will most likely receive a subsequent notice of license suspension in the mail from the DMV.  Other medical conditions concern forms of dementia, diabetes, and certain forms of vision conditions.

While age alone is not reason enough to limit or take away your driver’s license, you can lose your driving rights based on traffic violations, failed written or driving tests, poor vision or various other medical conditions.  When you reach age 70, VC §12814.5(c) provides that you can no longer renew your license by mail, and the DMV can even request a doctor’s approval.  You may not receive a license if your corrected vision is 20/200 or worse in your best eye. (VC §12805(b))  The DMV also can refuse to issue or renew your driver’s license if you are an alcoholic or addicted to certain drugs, have had lapses of consciousness within the past three years or marked confusion or any physical or mental disorder that could affect the safety of your driving. (VC §§12806, 13803)  In addition, anyone can fill out a DMV Request for Driver Re-Examination to flag an unsafe driver.  DMV officials try to keep the reporter’s name confidential, (VC §1808.5), however, it is usually a police officer who makes the request of the DMV after stopping a person who is elderly, or appears to be on drugs.

Driver Limitations  The DMV may, for safety reasons, issue a driver’s license for a shorter period of time than the terms of a regular license. (VC §12508) Or, depending on your ability, you may qualify for a restricted license that only permits you to drive during daylight hours, for example, or on city streets (not highways or freeways), or within 20 miles of your home.

Refresher Courses 

There are programs that can assist in getting one's driver's license restored.  If your license has been suspended by the DMV due to an age or disability reason, including physical, medical, mental and/or drug addiction, contact us to learn more about how we can help you regain your driver's license.

Actions Against The Driving Privilege Based On Financial Responsibility

Typically, suspension based upon financial responsibility is due to the lack of insurance. This form of suspension can come about as a result of failing to provide the necessary proof of insurance after an accident, and in instances where a driver is at fault and without insurance, the suspension can stay in effect until full reimbursement has been made to the other party.

Actions Against The Driving Privilege Based On Fraud

Typically, these suspension cases result from minors who alter a driver's license so as to make it appear they are 21. VC §14610 prohibits a person from displaying or causing or permitting to be displayed or having in his/her possession any canceled, revoked, suspended, fictitious, fraudulently altered, or fraudulently obtained driver's license, or to lend his/her driver's license to any other person or knowingly permit the use thereof by another, or to display or represent any driver's license not issued to him/her as being his/her license, or to fail or refuse to surrender to the DMV upon its lawful demand any driver's license which has been suspended, revoked or canceled, or to permit any unlawful use of a driver's license issued to him/her, or to do any act forbidden or fail to perform any act required by the Vehicle Code, or to photograph, photostat, duplicate, or in any way reproduce any driver's license or facsimile thereof in such a manner that it could be mistaken for a valid license, or to display or have in his/her possession any such photograph, photostat, duplicate, reproduction, or facsimile unless authorized by the provisions of the Vehicle Code, or to alter any driver's license in any manner not authorized by the Vehicle Code.

All DMV license suspensions, or threatened license suspensions, are serious matters, and can result in your vehicle being towed, additional charges being filed against you, and jail sentences being imposed for driving on a suspended driver's license.   Therefore, if your California driver's license is threatened with suspension, or if you have had your driver's license actually suspended by the DMV, and regardless of whether your license is a commercial license or a regular driver's license, and irrespective of whether the suspension was premised upon a DUI charge (APS hearing), a medical reason (loss of conscious-ness, etc.), negligent operator allegation (too many points on your driving record), a failure to appear in court, and failure to pay a fine, child support problems, or whatever, you absolutely, positively need an attorney who knows the law, who will pursue justice in your case, and who can and will protect both your driver's license before the Department of Motor Vehicles (DMV) as well as your liberty interests in a court of law. At the MAYO LAW CLINIC we vigorously defend individuals who are threatened with, or who have actually had their driver's license suspended by the DMV.  CALL US AT (530) 898-8468 TO SCHEDULE YOUR FREE CONSULTATION!