Did an officer refer you to a DMV skills reevaluation? Well, it’s a serious process that may determine if you will be allowed to drive again. After a careful analysis, the hearing officer will make a decision and notify you by mail. Now, let’s take a closer look at the case I recently encountered, right here in Monterey County, and how it illustrates the importance of understanding this complex law.
Case Study: A Suspended License Due to Lack of Skill
The Situation: A client of mine was cited for exhibition of speed. He hired me to defend him in court, but what happened next caught us both off guard. The officer sent him to a skills evaluation, something he decided to handle on his own. Unfortunately, the DMV suspended his license indefinitely for lack of skills. I have successfully assisted clients in the past with skills evaluation hearings, but in this case, the decision was made, and we had to move forward.
What We Are Doing Now: We are now working on getting his license back, understanding that this process is about more than just proving one’s ability to drive. It’s about legal rights, understanding the law, and knowing how to navigate the complex DMV system.
Understanding the ‘Lack of Skill’ Suspension
So, what exactly does “lack of skill” mean? In California, it’s a term that can lead to the suspension of your driving privileges.
Under the California Vehicle Code (CVC §12805 and §13800), a “lack of skill” suspension can be triggered by various events, including but not limited to:
- Traffic accidents
- Failure to pass a written test
- Failure to pass a driving test
- Referrals from law enforcement for moving violations or erratic driving
Sometimes, the DMV might send a “Notice of Re-Examination” if they are unsure about your driving ability. You will then be required to go through tests, interviews, and assessments to prove your skill.
In other cases, if the information received suggests an immediate problem, the DMV may go straight to suspending your license.
Getting Your License Back
Getting your license back is not impossible, but it requires action, knowledge, and sometimes professional legal assistance. Here’s what you need to know:
- Act Quickly: If your license is suspended, you must react quickly. You usually have 10 to 14 days to request a hearing.
- Request a Hearing: Contact the Driver Safety Office closest to your home and request a “Lack of Skill Hearing.” This is where you have the chance to present your case and fight for your driving rights.
- Prepare for the Hearing: A hearing is similar to a mini-trial. You will need to gather evidence, possibly testify, and navigate legal procedures. If this sounds overwhelming, it might be wise to seek professional representation.
- Follow Through: If the hearing goes well, you may get your license back. If not, understanding why and what next steps to take is crucial.
What happens if you fail the Skills Eval?
If your driving license has been suspended indefinitely due to a skills evaluation, it can be an overwhelming experience. However, it is possible to have your license reinstated by asking for a reevaluation of your skills.
Here’s what you need to know:
- Contact the DMV: Get in touch with the department responsible for driving licenses in your jurisdiction, usually the Department of Motor Vehicles (DMV) or a similar agency. They will guide you through the process of requesting a skills reevaluation.
- Submit Necessary Documentation: You may be required to provide proof of identity, residency, and other documents that were necessary when you first applied for your driving license. Make sure to check with the relevant authority about what specific documentation is needed. This form may be helpful.
- Schedule a Skills Evaluation Test: You’ll likely have to retake some or all of the driving tests you originally took when applying for your license. This may include a written exam, vision test, and behind-the-wheel driving test.
- Complete Any Required Courses or Training: Depending on the reason for your suspension, you may be required to complete specific driving courses or training before reevaluation. These might include defensive driving classes or other educational programs designed to improve your skills.
- Pay Appropriate Fees: There may be fees associated with the reevaluation process, including application fees, testing fees, or other administrative charges. Be sure to inquire about these costs and pay them as required.
- Meet Additional Requirements if Necessary: Depending on the laws in your jurisdiction and the circumstances of your suspension, there may be additional requirements to meet. These could include attending hearings, providing medical evaluations, or complying with other legal mandates.
- Follow Up: Stay in touch with the relevant authority and provide any additional information or documentation requested in a timely manner.
Conclusion
Losing your license for a “lack of skill” can be a frightening and confusing experience, especially if you feel it’s unjust. Just like my client in Monterey County, you may find yourself tangled in a complex web of laws, regulations, and procedures.
The process of getting your license back may seem daunting, but with proper knowledge and action, it can be done. Whether it’s preparing for a hearing or understanding the DMV’s procedures, understanding the law is vital.
If you or someone you know is facing this situation in Monterey County, don’t hesitate to reach out to Chris Cain Law. With our experience and commitment, we’ll work with you to understand your case and help you get back on the road.