The primary reason DMV suspends or revokes a senior driver’s driving privilege is because of a mental and/or physical condition. If the decision to suspend or revoke your driver license is made after a reexamination, you have the right to request a DMV administrative hearing. The hearing is our opportunity to present relevant evidence or testimony to try and reinstate your driving privileges. Attorney Mindy McQueen is experienced with administrative hearings.
How do we request an administrative hearing?
When you receive a notice from DMV informing you that an action will be taken against your driving privilege, if you want to have an administrative hearing, we need to immediately request a hearing. We only have 10 days to request the hearing if you were personally given your notice of action, or 14 days if the notice was mailed to you. Your right to a hearing may be lost if the appropriate DMV Driver Safety Office is not contacted to request a hearing within these time frames.
What happens at an administrative hearing?
The hearing will be at the DMV Driver Safety Office that is closest to your residence. The hearing will be tape recorded, and then the DMV hearing officer will analyze and weigh the facts of your case and make a decision regarding your driving privilege. The possible decisions the DMV hearing officer can make include:
- End or dismiss the action. You will be able to drive again.
- Restrict your driver license or place you on probation so you can continue driving, but on a limited basis, such as “no night time driving.”
- Uphold the original decision to suspend or revoke your driving privilege.
What are your legal rights during the administrative hearing?
- You may be represented by an attorney at your own expense.
- You can testify on your own behalf.
- We can review DMV’s evidence and cross-examine any witness offered by the DMV.
- We can present our own evidence and/or relevant witnesses on your behalf, such as copies of medical evaluations, vision examinations, accident reports, or photographs.
- We can appeal any adverse decision through a departmental review or through Superior Court.