Los Angeles Criminal Lawyers Blog
Your driver’s license may be suspended by the DMV if they believe that you are not medically sound to operate a vehicle. If you have a certain condition or disorder, the DMV may suspend or revoke your license, subject to ongoing monitoring by the DMV. The most common disorders that warrant consideration by the DMV are lapse of consciousness disorders. These include, epilepsy which often results in seizures, and sleep disorders.
The action taken by the DMV will depend on how your condition is categorized. The DMV is authorized to take several actions.
• No Action
• Medical Probation Type II
• Medical Probation Type III
• Suspension
• Revocation
An alternative to suspension or revocation is probation. Under California Vehicle Code §1420 gives the DMV authority to place a person’s driving privileges on probation, rather than suspension or revocation. The probationary period and conditions will depend on the exact symptoms and disorder you have. The DMV will continue to monitor the condition so that they can ascertain whether, if ever, it may be appropriate for your to have your license back without restriction.
Probation allows driver’s to continue to drive when control of a lapse of consciousness episode has been achieved for at least three months.
Medical Probation Type II
Medical Probation Type II is for drivers who have been able to control their lapse of consciousness for three to five months. If a driver qualifies for this category, he or she must authorize his or her treating physician to complete a Driver Medical Evaluation, or Form DS 326 and submit it to the DMV as requested.
Other considerations must also go into determining whether a driver qualifies for Medical Probation Type II. Some of the factors the DMV will consider include the following:
• Seizure type
• Seizure manifestations
• Seizure, medical and lifestyle history
• The seizure-free period prior to the last episode
Having your license put on probation makes it very difficult to be able to get around. Driving is a privilege and before it is taken away, the DMV must have a hearing to determine whether any action they decide to take is appropriate. An experienced Los Angeles Criminal Defense attorney is familiar with the DMV and can handle these cases for you. They can represent you at the hearing to make sure your rights are protected and you are given the proper opportunity to present evidence and to make the necessary arguments.