Areas of Practice

Age - Senior Drivers

The California Department of Motor Vehicles (DMV) will not suspend or revoke a person's driving privilege purely based on age. An elderly driver's age alone is not sufficient reason to take their license away or make them take a "re-examination." But if you reach a certain age, the DMV will take a closer look at you to make sure that you still possess the skills, knowledge and abilities you need to drive safely. The final determination of whether a license is renewed, restricted, suspended or taken away from a driver of any age depends on the driver's ability to understand and follow safety rules.

The DMV will not automatically initiate a re-examination because of your age, but will do so if officials get a report of a physical or mental condition about an individual. Such a report, could for example, be filed by a police officer who observes an elderly driver operating a motor vehicle erratically or holds them responsible for causing a traffic collision.

A re-examination could include questions about traffic rules and regulations; a check of mental and physical health and history; a vision test; written test; and/or a driving test. Depending on your performance, the DMV may not take any action at all. But they may also do one of the following:

  • Conclude that you are unfit to drive and take away your license
  • Restrict your driving privilege. For example, they could add a condition that you cannot drive after sunset or after a certain time of day based on your vision test
  • They could put you on probation
  • They may suspend your license until, for example, your physical condition improves.

If you believe that the DMV's decision - whatever it may be - is unjustified, then you have the right to challenge that decision by requesting a hearing. You would be well-advised to retain the services of a knowledgeable California senior driver attorney, who will fight for you so you can retain your driving privilege and your independence. Remember, the DMV is required to notify you about their decision in writing.

If you want a hearing to dispute their decision, you must request it within 10 days of receiving the DMV's notice of action or within 14 days if the notice was mailed to you. During the hearing, a DMV hearing officer will look into your case and the evidence presented and make a decision about whether to take action on your driving privilege or not. By retaining an experienced and knowledgeable DMV defense attorney, you stand a much better chance of getting your license and your independence back.

At Wallin & Klarich, the knowledge and experience of our Southern California DMV lawyers gives us a definite advantage. We have a tremendous success rate with helping individuals - whatever their age - get their driving privilege back. If you care about your mobility, independence and quality of life, call us today.

Learn more about how we can help you in your case or call us immediately at 1-888-782-5196.

At Wallin & Klarich, we approach every case with the belief that the person we're defending could easily be one of our own family members. We've seen firsthand how stressful legal matters can be for our clients and their loved ones. We are committed to being available to our clients at all times -- 24 hours a day, 7 days a week, 365 days a year. If you or someone you love is facing a DMV matter in Southern California, you should call Wallin & Klarich today for a free evaluation of your case. Call 1-888-782-5196 or fill out our online consultation form to get in contact with a legal professional today. We will be there when you call.

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Orange County Senior Driver Lawyers Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. Please contact a California criminal defense attorney for a consultation on your particular legal matter. This web site is not intended to solicit clients for matters outside of the state of California.

© 2008 Wallin & Klarich - All rights reserved. San Diego Re-Examination Lawyer and Tustin DMV Attorneys serving all areas of Southern California, including Los Angeles, Orange County, Ventura, San Bernardino and the Inland Empire.

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