If you suffer from certain physical or mental conditions, the California DMV may try to restrict,suspend, or revoke your driver's license…on the grounds that the condition affects your ability to drive safely.1
This is a common cause of driver's license suspensions for elderly drivers . . . but can affect California drivers of all ages.
You may face a license suspension for a physical or mental condition that is commonly recognized as dangerous for drivers, such as
But medical condition license suspensions also affect people with health issues that have a less obvious effect on driving ability, such as
Process for P&M license suspensions
If the DMV believes that you have one of these conditions, it will require you to undergo an in-person evaluation of your medical status and driving skills. . . also known as a “reexamination” hearing or “P&M” hearing.2
The bad news is that certain physical and mental conditions really can affect your ability to drive safely. And even if yours does not, the DMV may be ill-informed about the condition and your own particular circumstances . . . and biased in favor of a physical or mental condition suspension.
But many people who suffer from mental and/or physical conditions can nevertheless drive safely…especially if they receive proper medical treatment and know how to accommodate their condition when they drive. And the good news is that you can effectively defend yourself at a P&M hearing . . . particularly if you have the help of an experienced DMV hearing attorney.
Some of the ways in which you can make the case that your physical or mental condition should not cause you to lose your driving privileges are:
- Showing that your condition does not affect your ability to drive currently . . . even if it has in the past,
- Presenting testimony and evidence—a clean driver's record, for example—demonstrating that your condition does not actually affect your ability to drive, and/or
- Showing that you are taking active measures to control your condition and prevent it from affecting your driving.
In order to help you understand the California P&M hearing process, our California DMV hearing lawyers will address the following:
If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group.
According to the California Vehicle Code, the California DMV may suspend your license if you suffer from:
- A disorder that leads to “lapses of consciousness,”
- A disorder that has caused you to experience a lapse of consciousness or “episode of marked confusion” in the last three (3) years and could do so again, or
- Any other physical or mental condition that can affect your ability to operate a motor vehicle safely.3
Thus, physical and mental conditions that are commonly targeted by the DMV include
- Sleep disorders,
- Alzheimer's disease and other forms of dementia,
- Vision disorders such as cataracts and macular degeneration,
- And even diabetes (which can cause a driver to have an increased risk of crashing).4
But it's important to note that the DMV cannot suspend your license or take any other action against your driving privileges just because you have one of these conditions . . . the condition must actually affect your ability to drive safely.5
The DMV may consider information from any source in order to determine whether to investigate your driving abilities because of a medical condition.
Common sources of information about a driver's condition include:
- medical professionals,
- law enforcement officers,
- concerned family members, friends, or other private citizens,
- and even the driver him- or herself (if, for example, s/he indicates on a driver's license application that s/he suffers from a physical or mental condition).
Doctors are a particularly common source of information for the DMV. This is because California law requires them to report anyone who suffers from a condition that can lead to “lapses of consciousness” . . . and also gives them discretion to report other conditions that they believe may interfere with one's ability to drive safely.6
Not only that -- but doctors are immune from lawsuits for reporting someone to the DMV, even if it turns out that the disorder doesn't actually affect their ability to drive safely.7
Example : Christine is a 65-year-old college professor who has just been diagnosed with the early stages of Alzheimer's disease. So far her condition has not led to her having any lapses of consciousness while driving. But without her even knowing about it, Christine's doctor reports her condition to the DMV . . . and she receives a reexamination notice not long after.
Law enforcement officers and judges have the discretion to request a DMV reexamination for anyone whom they believe may be unable to drive safely.
And family members, friends, and other private citizens are under no legal duty to report you. However, they may fill out a “DMV request for a driver reexamination” form and submit it to the DMV when they believe that your physical or mental state has rendered you an unsafe driver.
The DMV does not accept anonymous “tips” about physical or mental conditions. However, if requested, they will do their best to withhold the tipper's identity from the person whose condition is being investigated.8
Example : Andrew has diabetes, which he controls well with diet and insulin. His cousin Katie is angry at him over a family matter. Katie reports Andrew to the DMV, claiming that his diabetes interferes with his ability to drive safely.
Andrew is surprised when he receives a reexamination notice from the DMV and cannot imagine who reported him. The DMV does not tell him that it was Katie. But if he knew, he would have guessed that she was reporting him because of a personal grudge, not because of his actual driving ability.
Once the California DMV receives information from any of these sources, it has several options:
1. If the DMV is not terribly concerned by the information, it may request only that you and your doctor submit a form known as a “DMV driver medical evaluation” or “DME.”
This document requires you to complete a comprehensive health history that you must sign under penalty of perjury. Providing false information on the form could subject you to prosecution for the California crime of perjury.
The DME also requires your doctor to provide information about your diagnosis, treatment, and any problems as they may relate to your driving ability.
If you submit the DME, and the DMV determines that you do not pose a safety risk, no further action will be taken.
2. If the DMV believes . . . based on the information submitted . . . that your driving poses an immediate safety risk, it may immediately suspend or revoke your license.9
3. In most cases, the DMV will conduct something called a “reexamination.” We focus on this process in Section 3 below.
A California DMV reexamination hearing is an in-person evaluation of your driving ability. The purpose is to determine if you have the necessary physical and mental skills to drive a car safely.10 A reexamination may also be referred to as
- a “lack of skill inquiry,”
- a “P&M hearing,” or
- a “medical suspension hearing.”
If the DMV informs you that a reexamination/P&M hearing is required, you will need to:
- Complete and submit a DME with the help of your doctor, and
- Attend the in-person reexamination hearing, which will be scheduled for no less than ten (10) days after the date of the notice.11
The reexamination will take place at a local California DMV driver safety office and will be conducted by a DMV hearing officer.
During your reexamination, the hearing officer will evaluate your driving skills. In order to do this, s/he may
- review your DME form,
- accept testimony from you and/or your physician, and
- administer a written, vision, and/or driving skills test.12
If you do not attend your P&M hearing, the DMV will automatically suspend or revoke your license.13 The DMV's action will remain in effect until you reschedule and appear for another hearing.
You have the right to be represented by a DMV hearing attorney at your P&M hearing . . . although, unlike with a criminal court proceeding, the state will not provide you an attorney for free if you can't afford one. A lawyer with experience in DMV hearings can be enormously valuable in helping you “pass” the reexamination.
In certain special cases, the DMV decides to order what is called a “priority reexamination.” Priority reexaminations may be ordered when a law enforcement officer personally observes someone and believes that s/he is an unsafe driver due to a mental or physical condition.14
A priority reexamination differs from a regular reexamination in that . . . with a priority reexamination . . . a P&M hearing is not scheduled automatically. Instead, the driver must contact the DMV to request and schedule one.
If s/he does not do so within five (5) days of receiving a “Priority Reexamination Notice” from the DMV, then his/her license may be suspended without further proceedings.15
But if a person who receives a Priority Reexamination Notice does schedule a hearing within that time frame . . . then there will be no difference between this and a regular reexamination. In other words, there is no difference in the actual P&M hearing itself. You still have the right to be represented by a California DMV hearing attorney and to present evidence on your behalf.
Example : Paul is 85 years old and in good physical health. But when he is stopped for speeding, the highway patrol officer who issues his ticket believes that Paul's behavior shows symptoms of dementia. The officer reports this to the DMV.
The DMV then sends a Priority Reexamination Notice to Paul. Confused by the document, Paul contacts a DMV hearing attorney.
With the attorney's help, Paul requests a hearing 2 days after the date when he received the notice (and thus avoids immediate suspension of his license). At the reexamination hearing, Paul, his doctor, and his attorney successfully convince the DMV that he does not suffer from dementia and should not lose his driving privileges.
DMV hearing officers will be looking at a variety of issues at a P&M hearing. These include:
- your strength and coordination,
- your seeing and hearing capabilities,
- your ability to concentrate,
- your knowledge about driving laws or “the rules of the road,”
- your ability to steer and control the pedals,
- the history of your physical and/or mental condition,
- your doctor's recommendation,
- aggravating factors (such as drug or alcohol abuse, stress, or an inability to avoid or control aggravating factors), and
- any positive steps that you are taking to monitor, control, and/or treat your condition.
With that in mind, there are certain things that you and your attorney should strive to demonstrate at the hearing. Essentially, these are “defenses” against the undesirable outcome of a P&M license suspension.
You are currently able to drive safely.
You may have a physical or mental condition that can be controlled with proper treatment . . . but perhaps it took you some time to find the treatment program that worked for you. So, while the condition may have affected your ability to drive safely in the past, you may be a perfectly safe driver now.
According to Burbank DMV hearing attorney John Murray16:
“The hearing officer at a P&M reexamination should focus only on your current ability to drive safely. In order to be successful at a reexamination, you need to focus on why you are now fit to drive and why the DMV should let you continue to do so.”
Your condition does not affect your ability to drive safely.
It is important to understand that suffering from a physical or mental condition isn't enough to warrant a restriction on your California driver's license. There must be a direct connection between your condition and your ability to safely operate a car.17
In order to dispute that this connection exists, you—and your DMV hearing attorney—are entitled to introduce evidence, witnesses, and testimony on your behalf. Your doctor is an obvious good choice for a witness. For example, s/he can testify at the P&M hearing that your condition either
- doesn't affect your ability to drive safely, or
- is controlled by medication.
If your doctor is willing to submit a detailed letter (in addition to the DME) explaining why s/he believes that you should keep your California driving privileges, that may be helpful as well.
Another important piece of evidence could be your California driving record. If you have generally been a safe driver, avoiding accidents and traffic citations, then that may help to show that your physical or mental condition does not actually prevent you from driving safely.
You are taking active measures to ensure that you can drive safely.
It is a good idea to enroll in—and, if possible, complete—a driver's safety course prior to your medical suspension hearing.
Taking a driver's safety course will show that you are taking your situation seriously. It will also help you prepare for the written and driving tests that you will likely need to complete during your “lack of skill” inquiry.
Another helpful move would be to show that you are working on optimizing your management of your medical condition--for example, tweaking your medication or pursuing multiple treatment options--in the hopes of keeping it under control.
The DMV hearing officer who presides over your P&M reexamination will have multiple options for actions s/he can order. Which measure s/he chooses will depend on how s/he evaluates your ability to drive safely in spite of your physical or mental condition.
The options are:
- Let you keep your driver's license without any restrictions. This is the ideal outcome and means that the hearing officer has determined that your medical condition does not affect your ability to drive.
- Schedule a “calendar” reexamination. A calendar re-exam is a “follow up” reexamination. This may be scheduled if, for example, the hearing officer wants to see additional medical information from you.
- Place you on “Medical Probation I.” This level of probation allows you to keep your driver's license . . . but requires you to comply with a specific medical regimen and to report any medical changes to the DMV.
- Place you on “Medical Probation II.” This is like Medical Probation I, except that . . . instead of just reporting any changes in your physical or mental condition to the DMV . . . you have to submit annual medical reports even if nothing has changed. If placed on this type of probation, annual medical reports must be submitted to the DMV on a specified date.
- Issue you a limited term license. This type of license is issued for one (1) to two (2) years and requires you to return to the DMV for reevaluation and/or follow-up testing more frequently than most people.
- Issue you a restricted license that reflects the specific limitations of your condition. For example, you may be able to keep your driving privileges only if you
- equip your vehicle with certain safety features (hand pedals, for example),
- avoid driving at night, or
- avoid driving at more challenging times or places, such as at rush hour or on the freeway.
- Suspend your license. If this happens, you must not drive unless your license gets reinstated. Driving on a suspended license in California is a crime and could subject you to jail time, an impounding of your car, fines and other penalties.18 If your license is suspended because of a physical or mental condition, you may be able to get it back if and when you can present additional information to prove that your condition is under control and no longer presents a safety risk.
- Revoke your license. If the California DMV feels that there is no safe way for you to drive a car because of your physical or mental condition, it will permanently revoke your driving privilege.
You will be notified in writing of the DMV's decision.
If you disagree with the DMV's decision regarding how to handle your medical condition, you are not out of luck.
Vehicle Code 14100 VC hearing
Your first option is to request an administrative hearing with the DMV to challenge the results of your reexamination. (These hearings are provided for under Vehicle Code 14100 VC.19
You must make such a request within ten (10) days of receiving notice of the decision from the P&M hearing.20 If you do so, then your license suspension will be postponed until the hearing is completed.
Like the “lack of skill” inquiry, this hearing will require you to travel to a California DMV driver safety office to make your case. You may present evidence on your behalf and can be represented by an attorney.
After the hearing, the DMV will notify you in writing as to whether it will uphold the results of your reexamination, or overturn them.
And if you are not happy with the results of this hearing . . . you may request what is called a DMV “departmental review” of the decision . . .but you must do so within fifteen (15) days of notice of the decision.21
If you request a departmental review of a P&M license suspension, the suspension won't go into effect until the review is finished.22 The DMV will examine the reexamination and hearing records, including all the evidence presented, in order to determine whether the hearing officer made the correct decision. You do not need to attend another hearing if you request a departmental review.
Challenging your license suspension in court
- Thirty-five (35) days after notice of the results of your hearing, or
- Ninety-five (95) days after notice of the results of a departmental review (if you requested one),
to challenge your physical or medical condition license suspension in California Superior Court.
You can do this by filing something called a “Petition for Alternative Writ of Mandate.”23 The deadlines and process for doing so are complicated . . . a good DMV attorney is highly recommended if you go this route.
Another very common way for someone to get their driver's license suspended in California—other than being deemed to have an unsafe physical or mental condition—is to be convicted of California DUI.
If you are convicted in a California criminal court of driving drunk in California, you will then receive a notice of license suspension…and will have the right to challenge the license suspension, with the help of an attorney, in a California DUI DMV hearing.24
The California DMV also frequently initiates license suspension proceedings against drivers for being so-called “negligent operators.”25
This occurs when a driver accumulates a certain number of “points” on their driving record. You accumulate points for
- Moving violations (such as speeding),
- Vehicle-related criminal convictions such as driving on a suspended license, hit and run, “wet reckless” or “dry reckless” driving , etc., and
- Being involved in an accident in which you were at fault.26
If you earn enough points to be considered a negligent operator, the California DMV will inform you that it will suspend your license . . . but you have the right to request a DMV hearing to challenge the suspension.27
Call us for help…
If you or loved one is in need of help with a driver's license suspended due to a physical or mental condition and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.
1 Vehicle Code 12806(c) VC – Refusal to issue or renew driver's license [because of a physical or mental condition]; discretionary grounds. (“The department may refuse to issue to, or renew a driver's license of, any person: . . . (c) Who has a disorder characterized by lapses of consciousness or who has experienced, within the last three years, either a lapse of consciousness or an episode of marked confusion caused by any condition which may bring about recurrent lapses, or who has any physical or mental disability, disease, or disorder which could affect the safe operation of a motor vehicle unless the department has medical information which indicates the person may safely operate a motor vehicle. In making its determination, the department may rely on any relevant information available to the department.”)
See also Vehicle Code 13359 VC – Grounds for suspension or revocation [including physical or mental conditions]. (“The department may suspend or revoke the privilege of any person to operate a motor vehicle upon any of the grounds which authorize the refusal to issue a license.”)
2 Vehicle Code 13800 VC – Investigations by the [DMV, including P&M hearings]. (“The department may conduct an investigation to determine whether the privilege of any person to operate a motor vehicle should be suspended or revoked or whether terms or conditions of probation should be imposed upon receiving information or upon a showing by its records: . . . (d) That the licensee is a reckless, negligent, or incompetent driver of a motor vehicle. . . . (f) That any ground exists for which a license might be refused. The receipt by the department of an abstract of the record of conviction of any offense involving the use or possession of narcotic controlled substances under Division 10 (commencing with Section 11000) of the Health and Safety Code shall be a sufficient basis for an investigation by the department to determine whether grounds exist for which a license might be refused.”)
3 See Vehicle Code 12806(c) VC – Refusal to issue or renew driver's license [because of a physical or mental condition]; discretionary grounds, endnote 1, above.
4 National Highway and Traffic Safety Administration – “Medical Conditions and Driving: A Review of the Literature. Section 9: Metabolic Diseases; 9.1 Diabetes Mellitus.” (“…studies done in the United States generally show either an increased crash risk or a trend toward increased crashes for individuals with diabetes mellitus (Crancer and McMurray, 1968; Hansotia and Broste, 1991; Koepsell, Wolf, McCloskey, et al., 1994; Songer et al., 1988; Waller, 1965).”)
5 See Vehicle Code 12806(c) VC – Refusal to issue or renew driver's license [because of a physical or mental condition]; discretionary grounds, endnote 1, above.
6 Health & Safety Code 103900 H&S – Reporting disorders characterized by lapses of consciousness [for DMV P&M hearings]. (“(a) Every physician and surgeon shall report immediately to the local health officer in writing, the name, date of birth, and address of every patient at least 14 years of age or older whom the physician and surgeon has diagnosed as having a case of a disorder characterized by lapses of consciousness. However, if a physician and surgeon reasonably and in good faith believes that the reporting of a patient will serve the public interest, he or she may report a patient's condition even if it may not be required under the department's definition of disorders characterized by lapses of consciousness pursuant to subdivision (d). (b) The local health officer shall report in writing to the Department of Motor Vehicles the name, age, and address, of every person reported to it as a case of a disorder characterized by lapses of consciousness. (c) These reports shall be for the information of the Department of Motor Vehicles in enforcing the Vehicle Code, and shall be kept confidential and used solely for the purpose of determining the eligibility of any person to operate a motor vehicle on the highways of this state. (d) The department, in cooperation with the Department of Motor Vehicles, shall define disorders characterized by lapses of consciousness based upon existing clinical standards for that definition for purposes of this section and shall include Alzheimer's disease and those related disorders that are severe enough to be likely to impair a person's ability to operate a motor vehicle in the definition. The department, in cooperation with the Department of Motor Vehicles, shall list those circumstances that shall not require reporting pursuant to subdivision (a) because the patient is unable to ever operate a motor vehicle or is otherwise unlikely to represent a danger that requires reporting. The department shall consult with professional medical organizations whose members have specific expertise in the diagnosis and treatment of those disorders in the development of the definition of what constitutes a disorder characterized by lapses of consciousness as well as definitions of functional severity to guide reporting so that diagnosed cases reported pursuant to this section are only those where there is reason to believe that the patients' conditions are likely to impair their ability to operate a motor vehicle. The department shall complete the definition on or before January 1, 1992. (e) The Department of Motor Vehicles shall, in consultation with the professional medical organizations specified in subdivision (d), develop guidelines designed to enhance the monitoring of patients affected with disorders specified in this section in order to assist with the patients' compliance with restrictions imposed by the Department of Motor Vehicles on the patients' licenses to operate a motor vehicle. The guidelines shall be completed on or before January 1, 1992. (f) A physician and surgeon who reports a patient diagnosed as a case of a disorder characterized by lapses of consciousness pursuant to this section shall not be civilly or criminally liable to any patient for making any report required or authorized by this section.”)
7 See same.
8 See Vehicle Code 1808.5 VC – Confidential records: physical, mental condition; controlled substance offenses. (“Except as provided in Section 22511.58, all records of the department relating to the physical or mental condition of any person, and convictions of any offense involving the use or possession of controlled substances under Division 10 (commencing with Section 11000) of the Health and Safety Code not arising from circumstances involving a motor vehicle, are confidential and not open to public inspection.”)
9 Vehicle Code 13953 VC – Alternative action [for license suspensions in the case of physical or mental conditions]. (“…in the event the department determines upon investigation or reexamination that the safety of the person subject to investigation or reexamination or other persons upon the highways require such action, the department shall forthwith and without hearing suspend or revoke the privilege of the person to operate a motor vehicle or impose 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 terms or conditions of probation shall become effective until 30 days after the giving of written notice thereof to the person affected, except that the department shall have authority to make any such order effective immediately upon 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 upon the highways.”)
10 See Vehicle Code 13800 VC – Investigations by the [DMV, including P&M hearings]. (“The department may conduct an investigation to determine whether the privilege of any person to operate a motor vehicle should be suspended or revoked or whether terms or conditions of probation should be imposed upon receiving information or upon a showing by its records: . . . (d) That the licensee is a reckless, negligent, or incompetent driver of a motor vehicle. . . . (f) That any ground exists for which a license might be refused. The receipt by the department of an abstract of the record of conviction of any offense involving the use or possession of narcotic controlled substances under Division 10 (commencing with Section 11000) of the Health and Safety Code shall be a sufficient basis for an investigation by the department to determine whether grounds exist for which a license might be refused.”)
11 Vehicle Code 13801 VC – [P&M] Reexamination by the department. (“In addition to the investigation, the department may require the re-examination of the licensee, and shall give 10 days' written notice of the time and place thereof. If the licensee refuses or fails to submit to the re-examination, the department may peremptorily suspend 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.”)
12 Vehicle Code 12814 VC – Renewal of licenses; examination; extension; terms and conditions; selective testing. (“The department, in its discretion, may require an examination of the applicant as upon an original application, or an examination deemed by the department to be appropriate…in relation to evidence of a [physical or mental] condition that may affect the ability of the applicant to safely operate a motor vehicle.”)
See also Vehicle Code 12804.9 VC -- Examination and driving test [as part of a P&M hearing]. (“a)(1) The examination shall include all of the following: (A) A test of the applicant's knowledge and understanding of the provisions of this code governing the operation of vehicles upon the highways. (B) A test of the applicant's ability to read and understand simple English used in highway traffic and directional signs. (C) A test of the applicant's understanding of traffic signs and signals, including the bikeway signs, markers, and traffic control devices established by the Department of Transportation. (D) An actual demonstration of the applicant's ability to exercise ordinary and reasonable control in operating a motor vehicle by driving it under the supervision of an examining officer…(E) A test of the hearing and eyesight of the applicant, and of other matters that may be necessary to determine the applicant's mental and physical fitness to operate a motor vehicle upon the highways, and whether any grounds exist for refusal of a license under this code.”)
13 Vehicle Code 13801 VC-- Reexamination by the department, endnote 11, above.
14 Vehicle Code 12818 VC – Reexamination [for physical or mental condition] upon request; actions relating to driving privilege; notice of results to law enforcement agency. (“( a) Upon receipt of a request for reexamination and presentation of a legible copy of a notice of reexamination by a person issued the notice pursuant to Section 21061…the department shall reexamine the person's qualifications to operate a motor vehicle.”)
See also Vehicle Code 21061 VC – Notice of reexamination; evidence of incapacity to operate vehicle. (“…a traffic officer may issue a notice of reexamination to any person who violates any provision of this division and who, at the time of the violation, exhibits evidence of incapacity to the traffic officer which leads the traffic officer to reasonably believe that the person is incapable of operating a motor vehicle in a manner so as not to present a clear or potential danger of risk of injury to that person or others if that person is permitted to resume operation of a motor vehicle. (b) For purposes of this section, “evidence of incapacity” means evidence, other than violations of this division, of serious physical injury or illness or mental impairment or disorientation which is apparent to the traffic officer and which presents a clear or potential danger or risk of injury to the person or others if that person is permitted to resume operation of a motor vehicle.”)
15 See Vehicle Code 13953 VC -- Alternative action [for license suspensions in the case of physical or mental conditions], endnote 9, above.
16 Burbank DMV hearing attorney John Murray has earned a statewide reputation for representing clients at DMV hearing locations throughout southern California, including those in the City of Commerce, Covina, El Segundo, Oxnard, San Bernardino, and Van Nuys. He has extensive expertise with the California Vehicle Code and P&M hearings and has saved the driver's licenses of countless thankful clients.
17 See Vehicle Code 12806(c) VC – Refusal to issue or renew driver's license [because of a physical or mental condition]; discretionary grounds, endnote 1, above.
18 Vehicle Code 14601 VC – Driving when privileges suspended or revoked for certain offenses [or because of a medical condition]; knowledge; punishment; driving on private property; requiring installation of ignition interlock device. ("(a) No person shall drive a motor vehicle at any time when that person's driving privilege is suspended or revoked for reckless driving in violation of Section 23103, 23104, or 23105, any reason listed in subdivision (a) or (c) [covering physical and mental conditions] of Section 12806 authorizing the department to refuse to issue a license, negligent or incompetent operation of a motor vehicle as prescribed in subdivision (e) of Section 12809, or negligent operation as prescribed in Section 12810.5, if the person so driving has knowledge of the suspension or revocation. Knowledge shall be conclusively presumed if mailed notice has been given by the department to the person pursuant to Section 13106. The presumption established by this subdivision is a presumption affecting the burden of proof." b) A person convicted under this section shall be punished as follows: (1) Upon a first conviction, by imprisonment in a county jail for not less than five days or more than six months and by a fine of not less than three hundred dollars ($300) or more than one thousand dollars ($1,000). (2) If the offense occurred within five years of a prior offense that resulted in a conviction of a violation of this section or Section 14601.1, 14601.2, or 14601.5, by imprisonment in a county jail for not less than 10 days or more than one year and by a fine of not less than five hundred dollars ($500) or more than two thousand dollars ($2,000).”)
19 Vehicle Code 14100 VC – Demand for hearing [to challenge reexamination findings]. (“Whenever the department has given notice, or has taken or proposes to take action under Section 12804.15, 13353, 13353.2, 13950, 13951, 13952, or 13953, the person receiving the notice or subject to the action may, within 10 days, demand a hearing which shall be granted, except as provided in Section 14101.”)
20 See same.
21 Vehicle Code 14105.5 VC – Department review [of P&M hearing decisions]. (“a) The person subject to a hearing may request a review of the decision taken under Section 14105 within 15 days of the effective date of the decision. (b) On receipt of a request for review, the department shall stay the action pending a decision on review, unless the hearing followed an action pursuant to Section 13353, 13353.2, or 13953. The review shall include an examination of the hearing report, documentary evidence, and findings. The hearing officer or hearing board conducting the original hearing may not participate in the review process. (c) Following the review, a written notice of the department's decision shall be mailed to the person involved. If the action has been stayed pending review, the department's decision shall take effect as stated in the notice, but not less than four nor more than 15 days after the notice is mailed.”)
22 See same.
23 See, e.g., Orange County Superior Court, “How do I ask the court to review DMV's suspension of my license?”
24 Vehicle Code 14100 VC – Demand for hearing, endnote 19, above.
25 Vehicle Code 12809(e) VC – Grounds permitting refusal [other than a physical or mental condition]; operative date. (“The department may refuse to issue or renew a driver's license to any person: . . . (e) If the department determines that the applicant is a negligent or incompetent operator of a motor vehicle.”)
26 Vehicle Code 12810.5 VC – Traffic violation point count; number for presumption of negligent operation; proof of financial responsibility. See also Vehicle Code 12810 VC – Traffic violation point counts; allocation of points [for purposes of negligent operator designations].
27 Vehicle Code 14100 VC – Demand for hearing, endnote 19, above.