Legal Question in DUI Law in California

I had a stroke 4 months ago. Was just notified by my daughter that my dr called her and indicated that my driver license was suspended or restricted. I was never instructed by anyone that i could not drive or there was a possibility my license could be suspended or restricted. Is this normal protocol?

Asked on 2/04/19, 1:08 pm

1 Answer from Attorneys

Steven Mandell Law Offices of Steven R. Mandell

When a medical doctor learns of a patient's condition that can have a negative effect on the patient's ability to drive, they are ethically required to notify the DMV. They are "mandatory reporters." Once notified, the DMV takes an action, usually called a "Re-Examination" of the driver to determine if the condition might, in fact, affect the driver's abilities behind the wheel. The action is started with a letter to the driver (you). It notifies you of the issue/problem and gives you a chance to ask for a hearing to show the DMV hearing officer that your ability to drive is not affected. Since you have received no notice from the DMV in 4 months, it appears that the doctor probably means that he was notifying your daughter that your license could be suspended or restricted by the DMV. Maybe he just got around to notifying the DMV. Hard to know. The important thing is if you do get a notice from the DMV, it is urgent that you take some steps immediately to protect your ability to keep your license. It doesn't seem to me that the doctor would know about the DMV's action without you knowing about it. And if you haven't received and ignored any notice from the DMV, your license is probably still valid. But I can't guarantee that. There are ways to find out without tipping the DMV off. If you'd like to discuss this further, don't hesitate to contact me at 310 922 3983. Best of luck to you.

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Answered on 2/04/19, 3:23 pm

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