Areas of Practice

Lack of Knowledge

The Department of Motor Vehicles (DMV) may suspend or revoke one's driving privilege for not having the mental capacity to safely operate a motor vehicle.

In that case, the DMV uses the "knowledge test" to determine a driver's mental competency, as well as the driver's cognitive and language skills. It also used to determine if these drivers have deteriorating reading and/or comprehension skills. The DMV hearing officer must determine if a poor score on the knowledge test simply indicates a lack of knowledge or that the driver has difficulty reading and comprehending the questions.

The following are some of the considerations used by DMV officials while evaluating DMV knowledge test results:

• How long did it take the driver to complete the written exam?
• How many questions did the driver miss?
• Was the driver able to answer the missed questions when verbally restated?
• Could the driver's knowledge be improved by studying the handbook?

If the driver fails the knowledge test and after the questions are restated verbally it is determined that the driver's failure is because of a lack of knowledge, he or she will receive a lack of knowledge suspension pursuant to California Vehicle Code Section 13953.

If the driver fails the knowledge test and after the questions are restated verbally the driver is not able to coherently answer the officer's questions during the reexamination or the driver's medical documentation indicates mild dementia, then his or her driving privilege will be revoked indefinitely.

The driver may request a hearing after receiving notice of revocation. The main issue at the hearing is whether the driver's cognitive skills and memory are keen enough to proceed safely with a special drive test. The driver's response during the interview and the knowledge test coupled with a favorable medical documentation will help the driver get to a special drive test which includes vision screening.

If your driving privilege has been suspended or revoked because of lack of knowledge, please call an experienced and knowledgeable California DMV attorney at Wallin & Klarich to competently and coherently present your case to the DMV and get your driving privilege back. Call us today to discuss your options.

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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