Print Posted By California Drivers Advocates on 06/08/2017 in DMV

California DMV Suspension for Lack of Skill

California DMV Suspension for Lack of Skill

Why does the DMV suspect I Lack the Skill to Drive?  –   Throughout their entire driving life, California drivers remain under constant scrutiny by the California Department of Motor Vehicles (DMV).  The California DMV will continually monitor all drivers to ensure they maintain the ability to safely operate a motor vehicle.  Some of the most common reasons for the DMV to suspend a driver license include:

  • Driving Under the Influence
  • Developing a physical or mental disorder
  • Negligent Operation of a motor vehicle
  • Lacking the knowledge or skill to drive

If the DMV has focused upon you for a Lack of Skill, something has occurred to bring you into their focus.  The DMV may receive information from a variety of sources which may suggest you lack the knowledge or the skill to drive.  The DMV may receive information from a Law Enforcement Officer, a friend, a family member, or even from the individual driver.  Some of the more common reasons for the DMV to suspect you Lack the Skill to drive are:

  • Erratic or unusual driving
  • Slow driving
  • Improperly reacting to the presence of an emergency vehicle
  • Pedal misapplication resulting in a traffic accident
  • Failing to pass a written test
  • Failing to pass a driving test

The bottom line is the DMV will begin a suspension action against your driving privilege if they suspect FOR ANY REASON that you Lack the Knowledge or the Skill to Drive.

What action will the DMV take against my license?    Once the DMV suspects you Lack the Knowledge or the Skill to drive, the department has two options on how to proceed:

  • Notice of Re-Examination: If the DMV is unsure about what is going on and they simply want more information to make a determination of your fitness to drive, the department will mail you a “Notice of Re-Examination.”  Essentially, this means the DMV is asking you to participate in an investigation to determine if there is any reason for concern.  In most instances, a driver does not require professional representation at a Re-Examination appointment; however, you should be prepared to take a vision test, a written test, a driving test and to participate in an interview with a DMV Hearing Officer.  If you perform well in the Re-Examination process, the DMV will terminate further action against you.  On the other hand, if the DMV does suspect that you Lack the Knowledge or the Skill to Drive, your driver license will be suspended or revoked for an indeterminate period of time.  To correct, this action, a driver must then schedule a “Lack of Skill Hearing” at the local Driver Safety Office.  At a Lack of Skill Hearing, the issues are very broad and the rules are very strict.  If a driver has progressed to the point of a Lack of Skill Hearing, they should seek professional representation.
  • Direct Suspension: If the initial information received by the DMV suggests that there is an immediate problem that may pose a safety risk to the motoring public, the DMV may bypass the Re-Examination step and go directly to the suspension of your driver license.  If this occurs, you jump immediately to the Lack of Skill Hearing and should immediately seek professional representation.

What happens at a Lack of Skill Hearing?   If you are at the stage which requires a Lack of Skill Hearing, you have either been unsuccessful during the Re-Examination process, or the DMV has taken a Direct Suspension action against your driving privilege. First of all, you must realize that everything the DMV does is time sensitive.  You must react quickly as the DMV only provides you a limited period of time to request a hearing; in most instances 10 to 14 days.

Your first step should be to call the DMV Defense Experts at California Drivers Advocates (CDA).  The Administrative Advocates, Investigators and Scientists at CDA have handled every type of Administrative Hearing conducted by the DMV.  We have handled hundreds of Lack of Skill Hearings with great success.

Once you have engaged CDA as your representative, we will handle everything going forward.  Because a Lack of Skill Hearing is run similar to a mini-trial, we will conduct a full investigation.  We will gather evidence, prepare you for testimony and prepare our legal objections and arguments.  On the day of your hearing, we will be side by side with you through the entire process.  We guide you, direct you and defend you.  Make no mistake, this is a full-blown evidentiary hearing and you will be thankful to have a DMV Defense Expert calling the shots on your behalf.  Don’t let the DMV intimidate you or steal your license without a fight.  Call the DMV Defense Experts at CDA today.  We’re ready to protect your driving rights.

If the DMV is your problem….California Drivers Advocates is your solution!

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