Physical & Mental Hearings
Areas the state can examine to determine mental or physical competence
- Physical requirements: Mobility, stamina, coordination and strength.
- Sensory functions: Vision, hearing and touch
- Mental requirements: Appropriate judgment, proper associations of thought, focus of attention, proper integration and interpretation of sensory input.
- Knowledge requirements: Oral or written evaluation of driving rules.
- Physical Limitations/restrictions: Operation of vehicle controls, ability to scan left/right, over shoulder and use of mirrors.
- Physical and mental condition and history: Conditions, symptoms, onset, date of last episode, current status, specific cause, consistency of information in department records, results of physical or medical tests or examinations.
- Aggravating factors: drug or alcohol use or abuse, stress, sleep deprivation, poor nutrition, physical over-exertion, inability or unwillingness to control or avoid aggravating circumstances.
- Treatment: medication effectiveness and side effects, other prescribed medical regimens, such as diet and exercise and compliance with such regimens.
Source: California Department of Motor Vehicles
San Bernardino Mental and Physical Hearings Attorney
A mental or physical hearing through the California Department of Motor Vehicles can be required when the state believes you have a mental or physical condition which could make it unsafe for you to operate a motor vehicle.
Michael B. Goldstein, a Professional Law Corporation, is a veteran traffic defense firm offering comprehensive representation for clients facing suspension hearings through the DMV offices in San Bernardino and Palm Springs.
We understand your right to drive is essential to supporting your family, remaining independent and enjoying the personal freedom that comes with driving rights.
As a veteran Palm Springs DMV defense attorney with nearly two decades of experience, Michael Goldstein encourages anyone facing a mental or physical competence examination to consult a qualified attorney about protecting their rights to drive.
The time to visit an attorney is not after an unsuccessful hearing that led to the loss or suspension of your driving rights.
A San Bernardino DMV defense lawyer can help fight for your rights to drive and remain independent.
Doctors are required to report certain mental and physical conditions of patients with certain mental disorders or other conditions such as Alzheimer's. Though other conditions are not required by law to be reported, doctors can report them if they feel a patient's ability to safely operate an automobile could be impacted by a mental condition.
The state can then require you to have a hearing and submit a 5-page Driver Medical Evaluation (DME) form. At this stage, it can be helpful to have an experienced Palm Desert Department of Motor Vehicles hearing attorney represent you and fight for your right to drive.
The form, filled out by you and your physician, addresses medical conditions like diabetes, dementia and cognitive impairments and must be filled out under penalty of perjury. Having an experienced Palm Springs Department of Motor Vehicles hearing lawyer can help protect your rights.
Senior Citizens and California DMV hearings
After age 70, the DMV mandates renewals be in person instead of by mail and can require you to take additional testing before renewing your license. Additionally, if you are ticketed, the officer may force a re-examination of your driving skills if he or she feels you lack skills or knowledge while operating a motor vehicle.
Palm Springs DMV Defense Lawyer Michael Goldstein works with California seniors to protect their right to drive. If you are a senior driver in Riverside County or the surrounding area and you have been mandated to appear at a Department of Motor Vehicle's Hearing, contact San Bernardino DMV Hearing Lawyer Michael Goldstein for a free and confidential appointment to discuss your rights.
The California DMV may request a hearing, either in person or by phone, within a month and require you to provide information they request. Based on the results of that hearing, you can face a suspended driver's license, a temporary license, additional written or driving tests or a permanently revoked license.
Palm Springs DMV Hearing Attorney Michael Goldstein is experienced in handling mental or physical hearings and hearings for seniors mandated to appear before the DMV.
Protect your rights! Call (760) 772-4278 for a free and confidential appointment today.