The right DMV lawyer in San Diego has the expertise that helps people get their driver’s license back.
Lawyer David Pflaum offers the excellent legal services that people need when they have been notified that their license is being revoked.
DMV LICENSE ACTIONS
Generally the DMV will take action to revoke a driver’s license for the following reasons.
- A medical condition that allegedly puts the driver or others at risk of harm
- An adult arrested for driving under the influence of alcohol who refuses to give a breath or blood sample
- A driver with too many traffic violations who is considered a negligent operator
- An accident with no proof of insurance
MEDICAL ISSUES
A license revocation related to a medical condition typically arises in these situations.
- A medical evaluation that causes a treating physician to report the driver to DMV
- Following an automobile accident in which the investigating officer believes a medical condition of the driver contributed to the accident
- A DMV employee reporting a driver for a suspected medical condition
- Unsolicited letters from family, friends or neighbors regarding the driver
Common medical conditions include diabetes, heart attack, syncope, alzheimers, a neurological condition, impaired vision, seizure, dementia, lack of skill, and loss of consciousness.
When an investigating officer believes a medical condition contributed to an automobile accident, the driver may receive an immediate Notice of Revocation. Otherwise the officer may send to DMV a later request to initiate a revocation.
When the DMV files a revocation action due to an alleged medical condition, the driver receives a Notice of Revocation either in person or by mail. The driver must pay strict attention to the time limits stated in the Notice of Revocation in order to request a DMV reexamination hearing.
At the reexamination hearing, the driver must be prepared to dispute the alleged medical condition, must prove that she or he is a safe driver, and that the medical condition does not impair the driver’s ability to operate a motor vehicle.
The strategy that DMV lawyer Pflaum may rely on to help his client regain a valid driver’s license depends on the basis for initiating the revocation, medical records, investigation reports from the police, the facts of the case, the client’s driving record, and testimony at the reexamination hearing.
Click on DMV hearing results to learn more.
DRIVING UNDER THE INFLUENCE
Whenever an adult is arrested for allegedly driving under the influence of alcohol (DUI), the arresting officer will typically take away the persons driver’s license and issue him or her a temporary permit to drive.
The same applies for an under-21 person who was detained by an officer and submitted to a Preliminary Alcohol Screening test that was positive for alcohol.
If a person arrested for driving under the influence of alcohol refuses to give a breath or blood sample, his or her license may be suspended for one year.
The temporary driving permit has strict time limits in which the driver must act in order to keep his or her driver’s license.
The defense of a drivers license takes place in what is called an Admin Per Se hearing. Even though you can try to represent yourself in a DMV hearing, an experienced attorney helps you find the best defense for your particular case to keep your license.
The defense that works best for your case will depend upon the facts, the arrest report, the blood or breath test analysis, and your driving record.
NEGLIGENT OPERATOR
A driver who gets ticketed and found guilty of too many traffic infractions, generally four or more in a one year period, will often trigger a notice from DMV of its intention to suspend the person’s drivers license.
The Negligent Operator Treatment System (NOTS) was created by the DMV to keep so-called negligent motor vehicle operators off the roads.
NOTS is based on assigning points over time to every California license holder for traffic offense violations to identify careless or negligent drivers.
The notice from DMV that it intends to suspend or revoke a drivers license has strict time limits in which the driver must take action.
Attorney Pflaum relies on various strategies to win the DMV hearing.
- DMV cannot prove the driver is negligent
- The driver has a reasonable explanation for the multiple violations
- There are extenuating circumstances that support reinstatement of the drivers license
- The drivers employment requires that s/he drive more than the average driver
OTHER DVM SUSPENSIONS
Other reasons that DMV may try to revoke a drivers license include the following.
- Failure to appear for a traffic violation
- Using a false identification
- Fraudulent application for a license
- Failure to pay a judgment arising from an automobile accident
The remedies for these types of DMV actions depend on the facts of the case.
THE EXPERIENCED DMV LAWYER IN SAN DIEGO
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The DMV lawyer in San Diego proudly serving clients throughout San Diego County including Vista, Escondido, San Marcos, Fallbrook, Bonsall, Oceanside, Poway, Carlsbad, Leucadia, La Costa, Encinitas, Rancho Santa Fe, Solana Beach, Carmel Valley, Del Mar, La Jolla, Pacific Beach, Chula Vista, El Cajon, downtown San Diego, South Bay, East County and North County