DMV SELF-DEFENSE SOLUTION FOR
DMV REEXAMINATIONS
DMV SELF-DEFENSE SOLUTION FOR
DMV REEXAMINATIONS

Why does the DMV order a driver to participate in a Reexamination of their privilege to drive?

The California State Legislature has granted the California Department of Motor Vehicles (DMV) the enormous power to monitor and evaluate the driving privilege of any person who operates motor vehicles in the State of California.   Even if you are licensed by another state, the California DMV still maintains primary control of your privilege to drive in this state.

The California DMV evaluates a person’s privilege to drive in three primary categories:

  • Does the driver have the basic knowledge necessary to operate motor vehicles?
  • Does the driver have the basic skill necessary to operate motor vehicles?
  • Does the driver maintain the medical, physical and/or mental fitness to operate motor vehicles?

If the California DMV receives information, from any source, that an individual driver may not possess these three strengths, the Department may take any one of the following actions:

  • Take no action at all.
  • Order the driver to participate in a Reexamination.
  • Order the immediate suspension of the person’s privilege to drive.

In this chapter, we discuss the reasons the California Department of Motor Vehicles may order a driver to participate in a reexamination.

When the California DMV receives information that an individual driver may not possess the knowledge, skill, or fitness to drive, it is mandated to take some action to ensure the safety of the motoring public.  If the information received is vague or does not suggest the driver poses an immediate hazard, the Department will order the driver to participate in a reexamination.  Essentially, a reexamination is an investigation conducted PRIOR TO SUSPENSION to determine if there is a reason to suspend or revoke the person’s license.

How do I learn that I must participate in a DMV Reexamination?

There are essentially two ways that a driver learns they must participate in a reexamination:

  • Written “Notice of Reexamination” mailed by the DMV.
  • “Priority Notice of Reexamination” provided to the driver by a law enforcement officer.

Written Notice of Reexamination: In the vast majority of cases, drivers learn they must participate in a DMV reexamination when they receive written notice in the mail.  It is quite common for the involved driver to have no clue what precipitated this action, and the Notice will provide precious little information.

When the driver receives such a notice, it will either notify the driver of a specific date and time for an interview; or it may direct that specific information be provided by a specific date.  This normally occurs when the allegation against the driver is of a medical nature and the DMV wants evidence that addresses that issue.

Notice of Priority Reexamination: A Notice of Priority Reexamination is a document issued to a driver by a law enforcement officer.  California law enforcement officers are trained to watch for signs that a driver may not have the knowledge, skill or fitness to drive and if the officer detects something of concern, he can order the reexamination of a person’s privilege to drive.

Commonly this occurs when a law enforcement officer contacts a driver during a traffic stop or during the investigation of a traffic collision.  If the officer becomes concerned the driver is not capable of safely driving, he or she will issue the driver a pink-colored sheet up paper known as a “Request for Reexamination” (DMV Form DS 427).   Along the left margins are blocks to indicate the urgency of the officer’s request.

If the officer is not immediately concerned for safety, he will check the block for “Regular Reexamination.”  This notifies the driver the officer has made the request to the DMV and the driver will be contacted by the Department to initiate the process.  If the officer determines there is an immediate hazard to the public, he or she will check the block for “Priority Reexamination.”  This mandates that the driver contact the  DMV within five calendar days to begin the Reexamination Process.

I received a written “Notice of Reexamination” from the DMV. What do I do?

So……. You’ve just returned from the mailbox and have opened a letter prepared by the California Department of Motor Vehicles.   As you begin reading you find the DMV has ordered you to participate in a reexamination to determine if it is safe for you to continue driving.

As you read the letter, you will find the Department has scheduled a date for you to participate in a telephone interview to discuss the matter.  Conversely, the letter may not schedule an interview date but may order that you provide specific evidence by a particular date.

Either way, this letter tells you the DMV has opened an investigation to determine your driving future.  Make no mistake, this is not a threat.  This is notification that the investigation has begun the process and your privilege to drive is in jeopardy.

Your first step should be to telephone California DMV Self-Defense.  Our team of DMV Defense Experts has been fighting to protect the driving privilege of California Drivers for decades and we can help you too.

If the Department has scheduled you for an interview, we can prepare you for the battery of questions you will be asked by the assigned DMV Hearing Officer.  If the Department has ordered you to produce documents, we can assist you in collecting the necessary information and to present it to the Department in a proper format.

Remember, this is a reexamination to determine if the Department will suspend your privilege to drive, or close the case and allow you to remain on the road.  It is critically important that you conduct your reexamination properly so your license is never suspended, and your driving record remains clean.

I received a “Notice of Priority Reexamination” from a Police Officer.  What do I do?

So……… you have been contacted by a Law Enforcement Officer because he has stopped you for a moving violation or because you have been involved in a traffic collision.  If the officer suspects you lack the knowledge or skill to drive; or if the officer suspects you have a medical, physical, or mental disorder that affects your ability to drive he will likely hand you a long, pink-colored” piece of paper known as a “Notice of Reexamination.”

If the officer has checked the block for “Priority Reexamination” that means he is concerned that your driving poses an immediate risk to the motoring public and that he is requesting the DMV to evaluate you as soon as possible.  This means the accused driver must contact the local Driver Safety Office within five-calendar days of the police contact.

If you receive a “Notice of Priority Reexamination” you must react quickly. Call the DMV Defense Team at California DMV Self-Defense for a free consultation. We can explain the entire process to you.

A Notice of Priority Reexamination requires that you contact the Driver Safety Office nearest to your home within five-calendar days of your police contact.  When you make the contact, the DMV will schedule you for an appointment.  As part of the reexamination a driver will expect to:

  • Take a written test to establish their knowledge of the rules of the road.
  • Take a driving test to establish their skill to drive.
  • Participate in an interview to discuss the issue at hand.
  • Potentially provide evidence/documents at the direction of a hearing officer.

What happens if I win a DMV Reexamination?

As stated above, a DMV Reexamination is an investigation conducted prior to a license suspension so; if you win your DMV Reexamination, the Department will close the case and send you an Order of “No Action Required.”  This is a fantastic result as there is no suspension of your license and there is no entry in your driving record that could adversely affect your insurance rates.

What happens if I lose a DMV Reexamination?

Without proper guidance, it is common for drivers to lose their DMV Reexamination.  This can occur for a variety of reasons:

  • The Driver flatly refuses to participate in the Reexamination process and the DMV suspends the license for noncompliance.
  • The Driver performs poorly during the interview and either appears dishonest or not in control of the situation that caused the reexamination.
  • During the interview, the Driver inadvertently reveals other information that concerns the DMV.
  • Failure to provide requested documents in a timely manner.
  • Presenting evidence of an unfavorable nature.
  • Failure to pass a written test.
  • Failure to pass a driving test.

If the DMV Reexamination is lost, the Hearing Officer will order the immediate Suspension of the driving privilege.  At that point, the driver becomes eligible for a full-blown evidentiary hearing to regain their license.

What gives the DMV the authority to order a Reexamination?

All of the power granted to the California DMV by the California State Legislature is annotated in the California Vehicle Code (CVC).  The Legislature has outlined the laws governing the receipt and maintenance of a driver license.  These laws are instructional, educational and, at times, punitive.  The California Vehicle Code empowers the DMV to conduct investigations into any matter that could potentially create a hazard to public safety.

California Vehicle Code Section 13953 states:

 “In the alternative to the procedure under sections 13950, 13951 and 13952 determines and in the event the department determines upon investigation or re-examination that the safety of the person subject to investigation or other persons on the highway require suchaction, the department shall forthwith and without hearing suspend or revoke the privilege of the person to operate a motor vehicle orimpose reasonable terms and conditions of probation which shall be relative to the safe operation of a motor vehicle. No order of suspension or revocation or the imposition of the terms or conditions of probation shall become effective until 30 days after the giving or written notice thereof to the person affected, except shall have authority to make such order effective immediately the giving of notice when in its opinion because of the mental or physical condition of the person, such immediate action is required for the safety of the driver or other persons on the highway.”

What type of events will cause the DMV to order a Reexamination?

Virtually anything that causes the DMV to be concerned about  a person’s fitness to drive may trigger a Reexamination.  Some of the more common issues are:

  • The DMV learns a driver suffers with a medical, physical, or mental disorder that may affect safe driving.
  • A Law Enforcement Officer witnesses a dangerous driving pattern that brings into question the person’s fitness to drive.
  • A Law Enforcement Officer investigating a traffic collision where the cause of the accident or the driver’s behavior bring into question their fitness to drive.
  • Negligent driving behavior (i.e. Reckless Driving, Speed Contests, Road Rage, Etc.)

If the DMV receives information from ANY source that brings into question a driver’s fitness to drive, the Department shall either immediately suspend the driver license or, order the accused driver to participate in a Reexamination.

What happens if I ignore the DMV and don’t participate in the Reexamination?

The short answer is the DMV will immediately suspend your driver license for “noncompliance.”  The California Vehicle Code makes it perfectly clear the DMV has the authority to order a driver to participate in a Reexamination.  The Vehicle Code goes a step further and makes it mandatory for an accused driver to complete the reexamination or face the suspension of their driving privilege.

California Vehicle Code Section 13801 states:

“In addition to any investigation, the department may require the reexamination of the licensee 10 days written notice of the time and placed thereof. If the licensee refuses or fails to submit to the re-examination, the department may preemptively suspends the driving privilege of the person until such time as the licensee shall have submitted to re-examination. The suspension shall be effective upon notice.”         

 To put it bluntly, ignoring the DMV or failing to complete the re-examination process will definitely result in the suspension of one’s driving privilege; however, if this happens the accused driver does have the right to reopen the matter and regain their driving privilege.

How can I defend myself at a DMV Reexamination?

First of all, let’s remember that a DMV re-examination is an investigation conducted prior to the suspension of one’s driver’s license. Because a re-examination is not an administrative hearing, the accused driver is not entitled to be represented by an attorney or administrative advocate.

Secondly, the DMV will reveal very little of the evidence they possess and will do even less to assist an accused driver through the re-examination process. This is not a kind or user-friendly environment and so drivers often find the re-examination process to be unfair and abusive.

Finally, it is critically important that a driver do everything possible to prevail at a DMV re-examination because failure will result in a license suspension, the need for an administrative hearing, and an entry into the driving record which will likely effect insurance rates.

 Although a driver is not entitled to be represented at a DMV re-examination, that same driver can be assisted in preparing to properly defend themselves. You can and should fight, fight, fight to protect yourself against the suspension of your driving privilege. Here at California DMV Self-Defense we are specifically set up to help drivers who can’t afford the defense ”Dream Team.”  California Law expressly permits an accused driver to represent themselves in actions before the California DMV, and in a re-examination it is expressly required. We have extensive training and experience in California law and DMV protocol, so we know what it takes to win a re-examination and to protect your driving freedom. We offer services unlike any other DMV defense group in California.

Here at California DMV-Self Defense, we offer 3 different self-defense solution packages to assist you in preparing to defend yourself at a DMV re-examination. That’s right, we help you to do it yourself; and our fees are far less than those charged by Administrative Advocates and Attorneys.

Our self-defense solutions are form-fitted to you depending upon the complexity of your case and how much individual guidance you may need to be prepared for your re-examination. Proper self-defense at a DMV re-examination requires that one be proficient at the use of computers, fax machines and telephones for communication. Proper self-defense also requires working knowledge of legal research and learning to navigate the DMV’s maze of protocols.

Some people have all of the strength to defend themselves with a minimum of instruction and guidance. Still others, need their case to be managed and prepared right up to the point of the re-examination interview.

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

 If you find yourself in the position of having to fight the DMV at a re-examination, but can’t afford the fees associated with Administrative Advocates and Attorneys, we may have a solution to help you win your case. Ask yourself the following questions:

  • Why has the DMV ordered me in for re-examination?
  • How critical is my need to drive?
  • How complex are the issues in my case?
  • How comfortable am I communicating by computer, fax, and email?
  • 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 our different Solutions to determine which one best meets your needs.

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 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 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.