DMV SELF-DEFENSE SOLUTION FOR
LACK OF SKILL SUSPENSION
DMV SELF-DEFENSE SOLUTION FOR
LACK OF SKILL SUSPENSION

What Action does the DMV Take for a Lack of Skill?

Every person who operates a motor vehicle in the State of California is under the constant scrutiny of the California Department of motor vehicles (DMV), to ensure they maintain the ability to safely drive. The DMV’s assessment of a person’s ability to drive is measured in 3 basic areas:

  • Does the driver maintain the physical and mental fitness to drive?
  • Does the driver maintain the knowledge to drive?
  • Does the driver maintain the skill to drive?

In this segment we focus upon the DMV’s concern about whether or not an individual driver possesses the skill to drive.  If the DMV learns, from any source, that an individual driver may Lack the Skill to drive, the department has two possible responses.

Re-Examination: If the department suspects that an individual driver no longer possesses the skill to drive, it has the option to order that driver to participate in a re-examination interview. A re-examination interview is an investigation conducted by the DMV, prior to suspension, to determine if there is a reason to withdraw that person’s privilege to drive.

At a re-examination interview the accused driver is often kept in the dark regarding what evidence the department possesses to establish a lack of skill. In many instances the driver does not learn the details of the accusation until the re-examination interview begins. This puts the driver in a weakened position where he/she must anticipate what the department will focus upon. During a re-examination interview the accused driver is not permitted to be represented by an Advocate or Attorney. While a representative may be present during the interview that person may only appear as an observer. This mandates that the accused driver be prepared to represent themselves.  Preparing you to represent yourself at a re-examination interview is precisely what we do.

At the end of a re-examination interview the assigned hearing officer will either reject the driver’s argument and suspend the driver license or, the hearing officer may end the action and close the case.  Also, if the driver refuses or fails to complete the re-examination process, their driver license will be suspended for failing to comply.  This type of suspension will remain in effect until the accused driver completes the process; so this is not something will go away if you ignore it long enough.

Immediate Action Suspension: If the department receives information that an individual driver no longer possesses the skill to drive, and if the information received is egregious enough in suggesting the driver poses a present danger to the motoring public, the DMV may take an immediate action to suspend the driver license. In doing this the department preemptively suspends the person’s driving privilege until a hearing can be convened to establish if the accusatory information is correct.

Once the DMV takes an immediate suspension action against a person’s driving privilege, the accused driver is entitled to an Administrative Hearing to reverse the decision. There are sensitive time elements in play that require the driver to react quickly or be denied a hearing. This makes it incumbent upon the accused driver to seek out representation as quickly as possible. At a Lack of Skill Hearing the driver is entitled to be represented by any person of their choosing. In fact the driver maintains the right to represent themselves. Again, this is exactly what we are in business to do…. We help you to help yourself.

At an Administrative Hearing the driver is permitted to introduce evidence to rebut the department’s information. Witnesses may testify and the driver may make statements under oath. Ultimately, the assigned hearing officer will either sustain the suspension, which keeps the driver off the road, or the suspension may be ended.

The California Legislature has granted the California Department of Motor Vehicles broad power to investigate allegations of a Lack of Skill and to take preemptory action, if necessary, to protect the general public. While the DMV is tasked with this solemn responsibility, it is not uncommon for the department to overreact or misinterpret information that results in the suspension of a good person’s driving privilege.

What Causes the DMV to Suspect a Lack of Skill?

The California Department of Motor Vehicles is a very social government agency that receives information from a variety of sources. The DMV may receive information suggesting that a driver Lacks the Skill to drive from:

  • Law Enforcement Officers
  • Judges
  • Medical Personnel
  • DMV Employees
  • Friends
  • Neighbors
  • Social Media
  • Anonymous Tipsters

Law Enforcement Officers: Law enforcement officers patrol our roadways 24 hours a day, 7 days a week. Thousands of times a day law enforcement officers contact drivers in California for a variety of reasons. Some contacts begin with a traffic stop while others occur when an officer is investigating a traffic collision. During such a contact, there are times when a law enforcement officer may feel that something he sees or has learned suggests that the individual driver may not possess the skill to drive.  An example of this occurs when a driver’s foot slips from the brake onto the accelerator and they crash through a store window.  Any driving incident that brings into question the person’s ability to drive may be good cause to suspend that person’s driving privilege.

While California law enforcement officers do not have the direct authority to suspend a person’s driver license they do have the authority to request that the DMV review that person’s ability to drive. If a law enforcement officer suspects that an individual driver may not possess the Skill to Drive, he/she will prepare a “Request for Re-examination” that is forwarded to the DMV. Normally a copy of the Request for Re-examination is provided to the accused driver at the time of contact. In some instances, however, the law enforcement officer fails to provide the request for re-examination to the driver which can make it difficult for the driver to understand why the DMV is taking an action against their driving privilege.

Moreover, the law enforcement officer has the option to accelerate the re-examination process by preparing his request as a “Request for Priority Re-examination.” In this instance the driver is mandated to contact their local Driver Safety Office within 5 days of the issuance of the request or face the immediate suspension of their driving privilege.

Although law enforcement officers and the DMV vigorously deny they discriminate against mature drivers, it is abundantly clear the vast majority of drivers referred to the DMV are above the age of 55. The hard truth is as we age our bodies begin to betray us, our vision fades, and our reaction time slows. This is a  natural result of  aging but does not necessarily mean your license should be suspended.  Also, there are a certain number of law enforcement officers who just arbitrarily believe elderly people should not be driving.

DMV Employees: The 2nd most common source of information reporting that a driver may Lack the Skill to drive comes from employees of the Department of Motor Vehicles. Commonly, this occurs when a person is applying for the original issuance of their driver license, or when the driver is applying to renew their license. If an applicant or driver fails a written test too many times; or fails a driving test too many times, a DMV employee may refer that person for re-examination and the process begins.

How can I defend myself from a Lack of Skill Suspension if I can’t afford an Attorney or Advocate?

Since we were kids we have all been told that driving in California is a privilege. The reality, however, is for many people driving in California is absolutely vital. Our citizens commonly live great distances from their place of employment and the public transportation system in California is lacking. The cold hard truth is that for many people, if they can’t drive they can’t work and that can have devastating consequences on their way of life.

If you have received a notice of re-examination or an order of suspension from the California DMV alleging that you Lack the Skill to drive, do not despair. There are many things that can be done to prevent the suspension of your driver license or to regain it if it has already been suspended.

Throughout our website we constantly state that the best way to defend yourself before the California DMV is through representation by an Administrative Advocate or Attorney. The laws governing the operation of motor vehicles in California are complex. The Administrative Procedures Act, which governs how Administrative Hearings are conducted, is difficult to understand; and the California Vehicle Code, which controls the DMV, is archaic. If you have the resources to retain a DMV defense professional, do it.

If you, however, are in a position where you simply cannot afford the fees charged by professional Administrative Advocates or Attorneys, that does not mean you have to go down in flames. You can and should fight to protect your driving freedom. Here at Your DMV Self-Defense Solutions, we are specifically set up to help drivers who can’t afford the DMV dream team. California Law expressly permits an accused driver to represent themselves in actions before the California DMV and we’re here to ensure you do it the right way.

Our background is in DMV Administrative Advocacy.  For decades we have fought side by side with our Clients at Administrative License Suspension Hearings before the California DMV. We have extensive training and experience in California Law and DMV protocol, so we know what it takes to save your driving privilege. We offer services unlike any other DMV defense group in California.

At Your DMV Self-Defense Solutions, we offer 3 different self-defense packages to assist you in defending yourself against a DMV administrative license re-examination or suspension. That’s right, we help you help yourself; and at fees far less than Administrative Advocates and Attorneys. All you have to do is pick up the phone and call us.  Let us assess what your case requires and what we can do to help you Defend Yourself.

Our solutions are form-fitted to you depending upon the complexity of your case, your need to drive, and your individual strengths and weaknesses.  Proper self-defense at a DMV Re-examination or Hearing can require one to be adept at the use of computers, fax machines and telephones for communication.  Proper self-defense can require in-depth legal research and learning to navigate the DMV’s maze of requirements and protocols.

Some people have all the strengths necessary to defend themselves with a minimum of guidance, while others need their case to be managed and prepared right up to the point of testimony.

With proper guidance you can defend yourself at the DMV and YOU CAN WIN!!

How can I win a Lack of Skill Re-Examination or Hearing by Myself?

If you find yourself in the predicament of having to fight the DMV to save or restore your driving privilege but, you cannot afford the fees charged by Administrative Advocates and Attorneys we may have a Solution that fits your needs and your budget.

To begin with, you have to conduct a self-assessment of you and your case.  By answering these few questions for yourself and speaking with us, you can decide which of our solutions works for you.  Ask yourself:

  • Why is the DMV suspending my driving privilege?
  • How critical is my need to drive?
  • How complex are the issues in my case with the DMV?
  • How comfortable am I communicating by telephone, email and fax?
  • How comfortable am I conducting legal research and preparing legal documents?
  • How comfortable am I communicating with authority figures?

Once you have answered these questions then you can review the Solutions we offer to select one that meets your needs.

Lack of Skill Re-Examination Hearing Defense Packages

Each one of our Solutions has been carefully crafted based on decades of experience gained in representing drivers at DMV License Suspension Hearings.  We have actually been in the trenches fighting the DMV to restore the driving freedom of thousands of Clients.  By utilizing one of our three solutions, you put a defense team behind you with the skill, knowledge and experience to get the job done.  You put yourself in the position of being fully prepared and confident to face the DMV and to prevail in the end.

So, if you can’t afford the price of high quality Advocates or Attorneys, call Your DMV Self-Defense Solutions today.  You should never allow the DMV to steal your driving freedom without a fight.  Call us today and we’ll guide you through the battle.

Platinum

$1200
  • We file a formal “Request for Hearing”
  • We file a “Request for Stay of Suspension”
  • We file a formal “Request for Discovery”
  • Collection of evidence & preparing witness statements: Included
  • We file a formal “Notice of Affirmative Evidence”
  • We prepare you for testimony: Question Prep
  • We provide you details about your DMV Hearing Officer
  • Any Follow-up after your Hearing: We handle it
  • We file a formal “Request to Terminate” Suspension

Gold

$750
  • Instructions: How to file your formal “Request for Hearing”
  • Instructions: How to file your “Request for Stay of Suspension”
  • Instructions: How to file your “Request for Discovery”
  • Instructions: Collection of evidence & the preparation of witnesses
  • Instructions: How to file your “Notice of Affirmative Evidence”
  • Provided: A list of questions you should expect to be asked
  • We provide you details about your DMV Hearing Officer
  • Any Follow-up after your Hearing: we instruct you how to handle
  • Instructions: How to file a formal “Request to Terminate” Suspension

Silver

$500
  • Instructions: How to file your formal “Request for Hearing”
  • Instructions: How to file your “Request for Stay of Suspension”
  • Instructions: How to file your “Request for Discovery”
  • Instructions: Collection of evidence & the preparation of witnesses
  • Instructions: How to file your “Notice of Affirmative Evidence”
  • Testimony Prep: NONE
  • We provide you details about your DMV Hearing Officer
  • Any Follow-up after your Hearing: we instruct you how to handle
  • Instructions: How to file a formal “Request to Terminate” Suspension
Learn More About Each Solution Here

Each one of our Solutions has been carefully crafted based on decades of experience gained in representing drivers at DMV Lack of Skill Re-Examination Hearings.  We have actually been in the trenches fighting the DMV to restore the driving freedom of thousands of Clients.  By utilizing one of our three solutions, you put a defense team behind you with the skill, knowledge and experience to get the job done.  You put yourself in the position of being fully prepared and confident to face the DMV and to prevail in the end.

So, if you can’t afford the price of high-quality Advocates or Attorneys, call Your DMV Self-Defense Solutions today.  You should never allow the DMV to steal your driving freedom without a fight.  Call us today and we’ll guide you through the battle.

In this solution we handle EVERYTHING to prepare you to represent yourself at a DMV Reexam or Hearing.  We manage everything right up to the point your hearing begins.  The Platinum Solution includes:

  • We file a formal “Request for Hearing” on your behalf with the Financial Responsibility Unit in Sacramento. This is done in a timely manner with proper documentation.  We then confirm the DMV has received the request so they can’t wiggle out of giving you a hearing.
  • We file a “Request for Stay of Suspension” on your behalf to stop the suspension of your driving privilege until the outcome of the Administrative Hearing.
  • We file a formal “Request for Discovery” which compels the DMV to provide you with all of its evidence.
  • We conduct a detailed interview with you to learn all about who you are as a person and how you came to the DMV’s attention.
  • From the information derived in the interview, we provide you a Checklist of things to be completed.
  • If the collection of evidence or the preparation of witness statements is important, we assist to get that done.
  • We file a formal “Notice of Affirmative Evidence” on your behalf to compel the DMV to accept all of your evidence.
  • We prepare you for testimony. In this phase we instruct you on what questions to expect during your hearing and how to appropriately conduct yourself and answer those questions.  We actually explain the entire hearing process and practice your testimony.
  • We update you on information concerning your individual DMV Hearing Officer. What type of things do they appreciate?  What type of things tend to irritate them?
  • If there is any follow-up after your Hearing, we handle it.
  • When the case draws to a conclusion, we file a formal “Request to Terminate” Suspension on your behalf with the DMV.

**We do not represent you at your Suspension Hearing but, we handle everything right up to that point and have you completely prepared to conduct your hearing, on your own with confidence**

One step down from the Platinum Solution is our Gold Solution.  In this solution, the burden of preparation falls more squarely on your shoulders but, we instruct you every step of the way.  The Gold solution includes:

  • Instruction on how to file your own formal “Request for Hearing” in a timely manner with the Financial Responsibility Unit in Sacramento and how to confirm the DMV’s receipt of the request.
  • Instruction on how to file your own “Request for Stay of Suspension” to stop the suspension of your driving privilege until the outcome of the hearing.
  • Instruction on how to file your own “Request for Discovery” to compel the DMV to provide you with its evidence.
  • We conduct a detailed interview with you to learn all about who you are as a person. We also learn what brought you to the DMV’s attention.
  • From the information derived in the interview, we provide you a Checklist of things to be done and how to appropriately communicate with the DMV.
  • If the collection of evidence or the preparation of witnesses is important, we instruct you on how to perform these tasks.
  • We instruct you how to file your own “Notice of Affirmative Evidence,” in an appropriate manner so the DMV will accept your items of evidence.
  • We provide you a list of questions you should expect to be asked during Administrative Hearing.
  • We update you on information concerning your individual DMV Hearing Officer. What type of things do they appreciate?  What type of things tend to irritate them?
  • If there is any follow-up after your Re-Exam or Hearing, we instruct you how to handle those issues.
  • When the case draws to a conclusion, we instruct you how to file a formal “Request to Terminate” Suspension with the DMV.

**In the Gold Solution, we do not represent you at your Administrative Hearing and we do not communicate with the DMV on your behalf but, we manage your case and instruct you every step of the way in preparing your own defense**

Our most basic solution is the Silver Solution.  In this solution, we provide minimal instruction on how to handle your case. The Silver Solution includes:

  • Instruction on how to prepare and file your own formal “Request for Hearing” in a timely manner with the Financial Responsibility Unit in Sacramento and how to confirm the DMV’s receipt of the request.
  • Instruction on how to file your own “Request for Stay of Suspension” to stop the intended suspension of your driving privilege until the outcome of your hearing.
  • Instruction on how to file your own “Request for Discovery” to compel the DMV to provide you with its evidence.
  • We provide a Checklist of things to be done based on our conversation with you.
  • If the collection of evidence or the preparation of witness statements is important, we instruct you on how to perform these tasks.
  • We instruct you how to file all of your evidence in an appropriate manner so the DMV will accept your items.
  • We update you on information concerning your individual DMV Hearing Officer. What type of things do they appreciate?  What type of things tend to irritate them?
  • If there is any follow-up after your Administrative Hearing, we instruct you how to handle those issues.
  • When the case draws to a conclusion, we instruct you how to file a formal “Request to Terminate” Suspension with the DMV.

**In the Silver Solution, we do not represent you at your Administrative Hearing and we do not communicate with the DMV on your behalf.  We do not conduct an intake interview but, we have you completely prepared to handle your matter on your own with confidence**

Schedule a Confidential and Free Consultation

Our team of DMV Defense Experts are standing by to answer any questions you may have. All calls are confidential and at no obligation to you. Reach out now to see how any of our Self Help DMV Defense services can help you.