Lack of Skill & Reexamination Hearings

The DMV may in its discretion order a person into the DMV for a reexamination. This reexamination can be based upon a perceived lack of driving skill. This perceived lack of skill can have a direct crossover into a medical hearing. In my opinion, the best attorney to represent you is a DMV Attorney who formerly worked in the Legal Office of the DMV. These orders for reexamination can come about in a number of different ways. The following is a partial list containing some of the most common.

A local police officer or a highway patrolman can stop you for a routine traffic violation. Sometimes, the officer can ask a few questions and conclude from the brief interview that he needs to refer you the driver to DMV to have them retest you. This can happen because the driver is disoriented, confused or having trouble explaining their situation or how the driver ended up in the situation they are in. With some drivers, even a small accident can make them not be able to explain what has happened.

It can also happen during a normal renewal of your driver's license. For example there can be a vision problem that leads to a letter being requested from your eye doctor. And if the doctor satisfies their vision question, then the DMV may refer the matter to the Division of Driver Safety where a drive test may be requested. It can also be a report to DMV from a family member or a friend.

In some cases the suspension may start immediately and in others it may begin at some time in the future. A suspension may start immediately if there is sufficient justification. In the discretion of the DMV, they may determine means that the driver "poses a danger" to the motoring public.

However, the standard for posing a danger can be very low in the eyes of the DMV. Otherwise, it will begin only after a reexamination has been conducted.

Remember, that the DMV is not there to take the driving license away from seniors. The DMV is there to determine who can really drive and who cannot drive.

One of the best things that can be done with a "lack of skill problem," is to appear at the DMV with your attorney and let your attorney explain the situation and possibly ask for a "special instruction permit." This is a permit that allows you to drive while in the car with a state-licensed driving instructor, a licensed driver over 25 or in some cases a therapist.

The "special instruction permit" will have limits but will have a duration that is long enough to allow you to receive the behind-the-wheel driving instruction that you need. The object is to practice proper driving skills under the trained eye of a professional driving instructor. In many cases, the driving instructor will help you to relearn old skills while reminding you to eliminate bad habits. The driving instructor willalso tell you things that DMV will be looking during your drive test.

When the instruction period has ended, then it is up to your DMV Lawyer to schedule your reexamination at the DMV.

This training will make you much more confident and competent when you to take your driving test. Also, the driving instructors can tell you about the practices of the DMV examiners.

WHAT IS THE CHANCE OF REINSTATEMENT?

In my experience, a majority of drivers who are facing a "lack of skill" hearing or a reexamination due to a possible lack of skill, ultimately earn the right to demonstrate their driving skills and are successful in retaining their driving license.

It may, however, require some perseverance as one or more DMV dates may have to be set including multiple drive test dates. Further, it is important to realize that one failure or bad experience with DMV is not the end of the road. In fact, many people who ultimately obtain their licenses fail at one point or another in the process.

It is important to remember that seniors cannot be refused a driver's license simply because of age.

The key in this area is having the ability to drive and demonstrate that to the DMV.

With my experience as a DMV Lawyer who formerly worked in the DMV Legal Office, I am uniquely qualified to help you get through this problem.