Senior Citizens

Senior citizens may be examined by the DMV under California Vehicle Code §12814. An application for renewal of a license shall be made at an office of the Department of Motor Vehicles by the person to whom the license was issued. The department may in its discretion require an examination of the applicant as upon an original application, or an examination deemed by the department to be appropriate considering the licensee's record of convictions and accidents, or an examination deemed by the department to be appropriate in relation to evidence of a condition which may affect the ability of the applicant to safely operate a motor vehicle.

Additionally, the age of the licensee alone is not a sufficient requirement to examine driving ability. If the department finds any such evidence, the department shall disclose the evidence to the applicant or licensee. In the event such person is absent from the state at the time the license expires, the Director of Motor Vehicles may extend the license for a period of one year from the expiration date of the license. However, there is no renewal by mail shall be granted to any person who is 70 years of age or older.

A suspension, if granted, may start immediately if there is sufficient cause or justification, which at DMV means the driver "poses a danger" to the motoring public. Otherwise, it will begin only after a re-examination or a hearing has been held. The standard for posing a danger is very low, in other words it takes very little evidence for DMV to impose an immediate suspension or revocation.

Re-exams that are administered mean that DMV does not have enough information and they are looking for more evidence that might support the taking of a license. In other words it is a fact-finding mission. Part of their arsenal to aid in getting evidence consists of: Vision test, road sign test, and written test. Additionally, they give a special 30-minute drive test that focuses on ability to follow complex directions; lane changes are of critical importance, backing ability is emphasized.

A hearing may also be requested by the driver to regain their license. The DMV sends a notice of suspension and probation by mail. The driver then has 14 days from the date of the notice to request a hearing. DMV is very strict about this time limit and will not grant a hearing unless there is a showing of good cause for not making a timely request. If a hearing is not scheduled, the proposed six-month suspension will be imposed. Also, probation for one year will start at the same time as the suspension. An accident or Vehicle Code violation will violate the probation and will result in an additional suspension.

At the hearing, guilt for the traffic violations is not an issue and should not be argued. Accident responsibility can be contested at the hearing and if DMV is persuaded that there was no fault, the point can be removed. If a hearing cannot be held prior to the proposed suspension date, a stay will be granted. This allows for a valid driving privilege until a decision is made following the hearing. The procedures at DMV hearings differ from re-examinations in that the motorist has more rights and DMV may impose appropriate sanctions.

Driver's rights consist of the right to subpoena witnesses and evidence, the right to present evidence, and the right to "appeal" adverse decisions. Moreover, Sanctions may be implemented. Sanctions may include Probation, a limited or restricted license, suspension, or revocation.

Evidence at the hearing may include the driver record printout. Convictions that appear on the record may only be challenged with court records indicating the printout is incorrect. However, accidents that appear on the record may be challenged as erroneous or to establish non-fault without resort to court records.

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