Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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Most states require physicians to inform the DMV when they diagnose you with any medical or mental condition that may affect your ability to drive safely. Some common conditions that may impact your ability to drive safely include:
These conditions are a common cause of driver’s license suspensions for elderly drivers. Though drivers of all ages can be affected.
Once the DMV receives a report from a physician regarding your inability to drive safely, it can take any of the following actions:
The DMV must notify you in writing of its final decision.
Under California law, doctors are required to report you to the DMV if you suffer from any medical or mental condition that may impact your ability to drive safely. Note that doctors themselves cannot directly revoke your driver’s license. Though they can put the process in motion.
This type of report is known as a “confidential morbidity report.”
Only doctors are required by law to report medical conditions to the DMV. Other parties have the option to do so, including:
California Vehicle Code 12806 VC lets the DMV suspend a license for a medical condition. Though the DMV may only do this if the condition actually affects your ability to drive safely.
After receiving a report about you, the DMV will conduct an initial safety risk assessment.
The Department can then take any of the following actions:
In some cases, after receiving a report about you, the DMV will require more information. In this case, it may ask you to submit a DME form.
This form requires you to provide the DMV with a comprehensive health history. You must complete and return the DME within 26 days. You have to sign the DME under penalty of prosecution for the California crime of perjury.
A DME also requires information from your doctor. “Information” includes:
The DMV will then review the DME. If it determines that you do not pose a safety risk, it will take no further action.
If you do not complete the DME, the DMV can suspend your driver’s license.
If the DMV decides your medical condition might pose a potential safety risk, it will schedule a “reexamination hearing.” This is an in-person evaluation to determine if you have the physical and mental skills to drive a car safely.
The hearing takes place at a local California DMV driver safety office and it is conducted by a DMV hearing officer.
The hearing officer may do any of the following after conducting the hearing:
The DMV must notify you in writing of the hearing officer’s decision.
If you are not happy with the outcome of a DMV hearing, you may request a “departmental review.” This request must be made within 15 days of notice of the original hearing officer’s decision.
At the departmental review, the DMV will review the reexamination and hearing records, including all the evidence presented by the DMV and you. It then determines whether the hearing officer made the correct decision.
Have a reexamination hearing coming up? Learn about all the possible outcomes in this video and get in touch with our reexamination lawyers at the Shouse Law Group.
For more detailed information, refer to these scholarly articles:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.