DMV Hearing

The best DMV hearing attorneys in San Diego have the expertise that helps people get their drivers license reinstated.

Learn more at DMV hearing procedures.

Examples of DMV hearing results.*

Medical Revocation

1.  Revocation for Loss of Consciousness

Our client was in a serious bicycle accident.  He was airlifted to Scripps Trauma.  Emergency room physicians could not discern a cause for the accident but suspected a loss of consciousness.  An ER doctor sent a revocation notice to DMV.

We consulted specialists.  The client underwent a specialized diagnostic testing procedure.  He was subsequently cleared to resume driving by two specialized physicians.  Drivers license reinstated.  (In re matter of S.F.)

2.  Revocation Due To Older Age

The DMV wanted to revoke a driver’s license because he was “too old” to continue driving.

We prepared for the hearing, consulted with and hired a medical expert to provide additional information on behalf of the client to prove that he was qualified to continue to drive.  We succeeded in proving to DMV that our client was absolutely fine to continue driving.  The DMV reinstated the drivers license.  (In re matter of L.H.)

3.  Revocation Due To Falling Asleep At The Wheel

Our client received a notice in the mail that her license was revoked because of an incident where she fell asleep behind the wheel and the investigating officer issued her a summary revocation on the spot.  We promptly scheduled a hearing with DMV.

We investigated the case, examined the accident report, and enlisted the aid of the client’s primary care physician, physician’s assistant, and nurses for a medical evaluation and written opinion regarding the current health of our client.  At the reexamination hearing, we disputed the existence of a medical condition, presented medical evaluations in support of her good health, and testimony from the driver.

The DMV hearing officer set aside the order of revocation.  (In re matter of C.H.)

4.  Revocation Due To An Unexpected Doctor Notification

The client received a notice of revocation from DMV but did not understand the reason.  We investigated the case and learned that the clients physician had sent a notification that she was allegedly suffering from a neuropathic medical condition.  We took the appropriate steps to address the medical issue.

The DMV, following an extensive administrative hearing, returned her drivers license.  (In re matter of J.L.)

5.  Revocation Due To A Diabetic Loss of Consciousness

The client had an automobile accident due to a loss of consciousness.  The client believed that the accident was caused by low blood sugar.

At the reexamination hearing, we introduced evidence that the client’s diabetic condition had been diagnosed by the aid of a device implanted in his skin and by two physicians with different specialties.

We further produced evidence by way of a demonstrative exhibit that depicted a separate medical device also implanted in his skin to monitor the client’s blood sugar level, and related prescriptions, to ensure that his diabetic condition remained stable at all times.

The client testified in support of his request to have his drivers license reinstated.  The DMV hearing officer granted the request subject to quarterly medical updates.  (In re matter of D.B.)

6.  Revocation Due To An Unknown Medical Condition Resulting In An Accident

Our client was driving home late in the night and suddenly lost control of her vehicle.  She hit a parked vehicle causing substantial damage.  She abandoned her car and got a ride home.  The police found her car and traced it to our client who informed the officer of what happened.  He issued a revocation notice.

The client believed she suffered a panic attack due to extenuating circumstances, so we sent her to seek appropriate treatment from various health care providers.  They cleared her to drive, she testified well at the reexamination hearing, and was informed that, upon a successful driving test, she could resume driving.  We requested an expedited driving test.  She passed the driving test and was allowed to resume driving (In re matter of J.S.)

7.  Revocation For Alleged Negligence Caused By A Medical Condition

Our client, like many others, had an accident while driving.  Accidents are common on the highways.  However, the investigating officer, after viewing the scene and interviewing the client, determined that she was unable to safely operate a vehicle.  He issued a summary revocation notice.

The client was subsequently evaluated by various doctors and cleared to drive.  She testified about the facts of the accident to prove that, due to extenuating circumstances at the scene, and not due to any medical condition, the accident occurred.  Her long driving record without any accidents or moving violations helped us make her case.  DMV returned her driver’s license (In re matter of P.B.)

8.  Revocation Due To Alleged Dementia

The driver was reported to DMV for an alleged medical condition contributing to her mental status and ability to operate a vehicle safely.  We interviewed her and subsequently guided her to receive medical evaluations from different health care providers.

Through use of the medical reports and testimony at the DMV hearing, her driver’s license was reinstated subject to passing a short written exam and vision test (In re matter of I.P.).

9.  Revocation For Single Lapse of Consciousness

The driver went to the emergency room following a lapse of consciousness caused by undue pressure applied to her neck during therapy.  We formulated a strategy to consult with various health care providers and provide the appropriate documentation in excellent form to the DMV.  License reinstated (In re matter of L.S.)

10.  Revocation For Unknown Medical Condition

The driver was involved in an accident but did not know what caused the accident.  Subsequent investigation and medical evaluations revealed the cause to be related to blood sugar.  We presented written and demonstrative evidence to the DMV in support of the driver’s license being reinstated.  Request granted (In re matter of M.B.)

11.  Revocation for Neurological Condition

The driver received a revocation notice due to a neurological condition.  We presented medical evaluations from two physicians and testimony at the hearing.  Driver’s license reinstated upon successful driving test (In re matter of J.H).

Breath or Blood Test Refusal DUI

12. Revocation for Refusal to Provide Blood or Breath Test

Client was a combat veteran who was pulled over by the police late at night after leaving a bar. The client, who was fluent in Spanish, was tired and hungry.  The police officer believed the client was under the influence of alcohol. The police officer claimed the client refused to submit to a breath or blood test.  If the refusal were valid, the driver’s license would be revoked for one year.

We contacted the DMV and requested an administrative hearing. We received and analyzed the police report. We interviewed the client exhaustively.  The police officer was subpoenaed to testify at the administrative hearing. The client testified at the hearing.  DMV demanded a second hearing.

At the conclusion of the second hearing, we succeeded in convincing the DMV driver safety hearing officer that the client did not willfully refuse to give a blood or breath sample.  The driver received the return of his driver’s license. (In re matter of J.E.)

13.  Loss Of License For An Alleged Refusal To Give Blood Or Breath

Our client was detained and arrested for allegedly driving under the influence of alcohol.  The arresting officer requested that the client provide either a breath or blood sample.  The client allegedly refused to provide either and thus received a notification that his license would be suspended for one year.

Attorney Pflaum requested a DMV hearing and a delay of the license suspension.  He thereafter received and evaluated an extensive arrest report describing the investigation and arrest.  The arrest report also stated that all events were recorded by the officer’s body worn camera.  So attorney Pflaum prepared and served a subpoena on the law enforcement agency to produce a copy of the officer’s body worn camera.

The body worn camera video was 90 minutes in length.  It seemed to prove the client did not willfully or knowingly refuse to submit a breath or blood sample.  The video was introduced into evidence at the DMV hearing.  The DMV hearing officer agreed with our position and set aside the license suspension (In re matter of R.M.).

14. Suspension Due To An Alleged Refusal To Submit To Testing

Our client was an active marine who spoke english and spanish.  He was detained and arrested for driving under the influence of alcohol and asked to submit a breath or blood sample, which he allegedly refused to do.  DMV moved to suspend his license for one year.

Attorney Pflaum examined the arrest report and reviewed the complicated case with the client.  The client testified during the reexamination hearing that, although he spoke english, he did not understand the full extent of the warnings that the officer read to him about the breath of blood test.  DMV seemed to agree with his position, but continued the matter in order for the arresting officer to testify.

At the second hearing, the arresting officer testified but attorney Pflaum was able to cross examine him successfully to demonstrate that the client did not fully understand the extensive admonitions about the breath and blood test.  Therefore, the DMV hearing officer set aside the order of suspension (In re matter of F.D.)

Other Suspension Actions

15. Loss of Drivers License Due to Possession of False Identification

The DMV attempted to suspend the drivers license of our client because of possession of a false identification.  However, upon further investigation, we learned that the DMV did not abide by the appropriate rules and regulations, including postponing the hearing without just cause and sending notice to the wrong address.

We requested DMV to set aside and reinstate the drivers license, but DMV refused.  We filed a Writ of Mandamus and the court ordered DMV to give the driver back his driver’s license and pay attorneys fees (In re matter of B.B.)

16. Loss of Drivers License due to Negligent Operator Status

One year suspension reduced to 90 days (In re matter of K.W)

17. Loss of Drivers License for Drinking Alcohol Under The Age Of 21

We appeared at the Department of Motor Vehicles Driver Safety office to contest the suspension of the minor’s drive’s license.  We challenged the admissibility of the arresting officer and the validity of the preliminary alcohol screening device used to test for the presence of alcohol in the minor’s breath.

The DMV driver safety office granted our request to dismiss the suspension action (In re matter of M.A.)

18.  Revocation For An Accident With No Insurance

Our client was allegedly involved in an automobile accident with no proof of insurance.  We scheduled a DMV hearing and fought the case.  The hearing officer dismissed the revocation (In re matter of F.D.)

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* The descriptions of results are intended to provide information about legal matters that David Pflaum has handled.  The  results should not be construed to provide any guarantee about your case.  The outcome of a case depends on the facts, the applicable law, and the position of the prosecuting agency. Attorney Pflaum does his very best to succeed for every client.

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