Understand Physical & Mental (“P&M”) and Lack of Skill Suspensions

Third Party Reports

Understand Physical & Mental (P&M) and Lack of Skill Suspensions

DMV has the authority to suspend the license of any motorist who cannot drive safely because of a medical condition or lack of skill. These suspensions usually start with a report by a third party, such as a police officer, medical provider or family member who observes evidence of unsafe driving or of a medical condition that would render driving unsafe.

Sections 12806(c) and 13359 allow DMV to suspend a motorist who has “any physical or mental disability, disease, or disorder which could affect the safe operation of a motor vehicle.”

These suspensions are usually accompanied by a Notice of Re-examination under Section 13801, and they last until DMV is convinced that the person’s conditions is not a threat to safe driving, and the motorist is entitled to a hearing to present medical evidence to that effect.

In a serious case, DMV may immediately revoke the motorist’s license until they provide such medical evidence showing they may drive safely. (Section 13950).) Usually this medical evidence is provided by the motorist’s physician in the form of a Driver Medical Evaluation (“DME”).

If you have been called in for a so-called P&M Re-examination under Section 13801, you don’t have to do it alone. We can help prepare you for your day at DMV and even draft the DME for your doctor.

Similar to the P&M Suspension, a Lack of Skill Suspension is imposed when a motorist simply cannot operate a vehicle safely. (Section 12805(d).) This section is used when the motorist’s problem is unrelated to a physical or mental disability and is similarly accompanied by a Notice of Re-examination under Section 13801. Also like the P&M scenario, DMV may immediately revoke the motorist’s license until they provide evidence showing they may drive safely. (Section 13950).)

VC 12805, VC 12805, 12806, VC 13359, VC 13801, VC 13950

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