Legal Question in Traffic Law in California

Driver's liscence suspension

My 64 old mother was exiting out of the highway to the left and saw a vehicle from the opposite driving direction swerving in and out of all lanes, my mother in order to prevent the accident drove into the opposite direction because it was the safest lane at the time, as she tried to go back to the proper lane an officer approched her and cited her and gave her a document to take to the local DMV office.

My mother went in to the DMV office the following day, and they directed her into a an office and told her that they were going to an audit, (they never gave her any other option or explained her rights). so they question her and informed her that she was going to take both written and driving tests, they suspended her liscence and really have not said if she is going to get her drivers liscence back even if she passed those tests.

This has been her only mistake in over 30 years of driving,

My questions are:

Is there a law that would suspend a liscence for 1 offense to a 64 yr old driver? even before being convicted of such?

Can DMV do audit to a 64 yr. old person for 1 offense? and conduct an audit seperate from the court system? without explaining, explaining or informing of rights?

If so under what law


Asked on 9/09/08, 1:16 pm

1 Answer from Attorneys
Sherman Ellison Law Offices of Sherman M. Ellison

Re: Driver's liscence suspension

Once the DMV had her in the office, they could cause a re-examination, which they apparently did.

You can go to the DMV website and search it for elderly or infirm drivers.

Once that elderly man in Santa Monica killed a number of people while driving, the DMV has been very proactive to check on ANY driver who may appear to be questionable from a driver-safety perspective.

I have represented a number of people in your mother's situation.

I typically have the person take some behind the wheel driver training, primarily to show the DMV that the person has the cognitive and behind-the-wheel driving skills.

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Answered on 9/09/08, 11:12 pm


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