Your driving privileges might be taken away from the DMV if they believe that you are not medically sound to operate a vehicle. The most common reason the DMV finds that you are not of medical capacity to operate a vehicle is if you suffer from a disorder or condition that often results in lapse of consciousness. Such disorders include epilepsy which results often 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
Under California Vehicle Code §1420 the DMV has authority to place a drive on probation, if they believe the driver may be affected by certain factors. This allows the DMV to have an alternative other 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 III
For drivers who have achieved six or more months of control over their lapse of consciousness, the DMV will consider Medical Probation Type III. There is always an ongoing threat of future seizures, so the DMV will continue to be cautious.
For those under Medical Probation Type III, the driver must report, in writing, on a regular basis to the DMV, his or her condition and status of the disorder. They will prepare and sign a Medical Probation Report ( Form DS 346). The form must be signed under penalty of perjury so that all statements must be true and correct. If a driver lies on their form, then they may be charged under the perjury laws of the State of California.
When deciding whether or not to place a driver under Medical Probation Type III, the DMV will consider the driver’s medical history and established reliability. They will also consider the following factors:
• Seizure type
• Seizure manifestations
• Seizure, medical and lifestyle history
• The seizure-free period prior to the last episode
Medical Probation Type III is more of self monitoring and requires that the driver be honest and up front with the DMV. Medical Probation Type III should not be issued to any driver who has exhibited past evidence of the following:
• Withholding information from a physician or the department
• Inconsistent statements
It is a good idea to speak to a knowledgeable Los Angeles Criminal Defense attorney to be informed of your rights and the procedure in these cases.