Physical Or Mental DMV Hearing
APS HEARING
In California, a DMV has ultimate authority over driving and because of that, it can require a DMV hearing. One such DMV hearing comes after a DUI arrest. If a driver is arrested for a DUI in Los Angeles, the arresting officer will confiscate the driver’s license. However, the driver can request a hearing to get his license back. This hearing has to be requested within 10 days of arrest. If the driver refused a chemical test, the DMV will hold a “refusal” hearing. If the driver’s blood alcohol level was tested and it showed the presence of alcohol above .08%, the DMV will hold an “APS” hearing.
PHYSICAL AND MENTAL STATE HEARING
On the other hand, when a police officer has suspicions that a driver is not fit to drive (because of physical or mental condition) the officer can notify the DMV and the DMV will suspend the driver’s license. This can happen when the police officer decides that there are reasons to believe that the driver should not be driving due to a medical condition, addiction, etc. This type of hearing is known as Physical or Mental reexamination, AKA, P & M hearing.
P & M hearing can also be started by a doctor or a nurse who, upon examination, decides that a driver is not fit to drive. This can happen when an elderly person goes for a yearly exam and a doctor decides that there are lapses in memory, such as with dementia or Alzheimers. It also can happen when a police officer decides that a driver is under influence of narcotics or when a police officer believes that the driver has poor knowledge of the traffic laws. It happened to Los Angeles DUI attorney’s clients before with the police referring drivers to the DMV for a P & M hearing because they believe that the driver is under the influence of drugs.
This last example is a very underhanded way to mess with a driver due to the fact that being under the influence of drugs can not be protected at the DMV. Being arrested for an alcohol-related DUI will result in two separate procedures going against the driver. First, he will be cited to court when he (or his DUI Lawyer) will defend him in criminal prosecution. Second, he will be giving notice of license suspension in 30 days unless he requests a hearing in 10 days (the request for a hearing gives the driver an opportunity to defend the suspension at an APS hearing). When the driver refuses a breath or drug test, then the procedure is still to (1) cite to court and (2) refer for a “refusal” hearing. However, when the driver is under the influence of drugs, he can not be given a suspension because DMV suspension does not prohibit driving when impaired by drugs or narcotics. To address this, some officers will issue an “Immediate suspension” due to medical or physical condition. This is better for the driver than an APS suspension, however, it is a very creative way to cause a suspension when the reason for one is often non-existent. o
USUALLY USED FOR:
The P & M reexamination is usually used for elderly persons whose skills need to be retested (for example, if they caused an accident). Or for a person who is epileptic and can have a seizure during driving. However, as you can see, it can be used against a person who is under the influence of drugs.
WHAT HAPPENS AT THE HEARING
During the reexamination interview, the driver may be required to produce a doctor’s report on a DMV form DS 326. (This form is available here). Also, the driver can be questioned about drug and alcohol use and if it causes any problems with driving. The driver can also be required to submit to a new written, vision, or driving test.
AUTHORITY FOR THE DMV HEARING
The DMV has authority under California Vehicle Code 13953 to immediately suspend the driver’s license, even before the driver had a chance to say anything in her defense.
RECOMMENDED:
It is always a good idea to have a lawyer for a P & M hearing. Even though the police are rarely subpoenaed to the hearing, Los Angeles DUI Attorney can prepare you and present your testimony in the most favorable manner. If you are referred to a P and M hearing, please call us to help you present a successful defense to the DMV accusations.
EXAMPLES:
Criminal Defense Attorney Los Angeles has defended numerous DMV hearings including P & M hearings. One of the latest examples is an individual who was accused of successfully running away from the police. The police were able to locate a car used to get away from them and submitted the case to the prosecutor to file a criminal case against our client and also submitted a report to the DMV alleging that the driver suffered from physical and mental impairment to drive in such a reckless manner. Of course, the driver (whoever it might be) drove from the police in a reckless manner to get away from them. Because he or she “got away”, the police had no specific idea who it was and recommended the filing/P & M based on a hunch. Mostly, the police case was based on the registration of the driver, because they did not see the driver. The prosecutor rejected the case from filing, however, the DMV decided to suspend the driver’s license based on flimsy evidence that the individual had Physical or Mental impairment. We believe that the police action here was vindictive. In a situation like this, the police have no basis to even prove who was the driver, let alone that he has a physical or mental impairment that makes him a danger to himself or others if he/she drives. A driver in a situation like this needs the help of a Los Angeles DUI attorney to explain the weakness of the police’s case and also to make sure he or she does not incriminate himself/herself to the DMV hearing officer.
If you need help defending a DMV or a criminal case in Los Angeles, please contact the attorney directly at (323) 464-6424.
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