What are the potential outcomes of a Lapse of Consciousness Hearing?
The Main Factors
When a Lapse of Consciousness Hearing ends, the hearing officer must consider and weigh all of the documentary evidence and the testimonial evidence to determine if a driver should be returned to the road. The hearing officer will consider many factors when coming to a final decision:
- The actual effect of the physical or mental condition which caused the Lapse of Consciousness or Control as it relates to the safe operation of a motor vehicle.
- Affirmative medical evidence presented by the driver which tends to establish the stability of the underlying medical condition.
- The potential side effects of any medications taken to prevent Lapses of Consciousness.
- The likelihood that a Lapse of Consciousness or Control will reoccur.
- An appropriate period of stability after a Lapse of Consciousness or the addition of any new medication.
- The person’s ability and willingness to obey a medically approved treatment regimen to remain stable.
- The person’s driving record.
- Other factors that may demonstrate a person’s ability to safely drive.
Once a hearing officer has weighed and considered all of the evidence in aggravation and mitigation, a decision must be rendered.
The potential outcomes of a Lapse of Consciousness Hearing are:
Set Aside: In the world of DMV administrative hearings, the “Set Aside” is a home run. This means the hearing officer has not only returned your full driving privileges but has also decided there was no good reason to suspend or revoke the driver license in the first place. This is important as it means no term of suspension appears on the driving record and as a result, there are no negative impacts on your insurance. This is the best result available.
End Action: This means the hearing officer has concluded that sufficient evidence exists to demonstrate that the underlying condition is stable and is not likely to reoccur .This result fully reinstates the driving privilege, however, the hearing officer concludes that the original suspension was warranted and therefore, this may result in negative insurance consequences.
Medical Probation I: This means the hearing officer has concluded that sufficient evidence exists to demonstrate that the underlying medical condition is stable, but there is some concern that the condition may deteriorate or recur. The driver is returned to full driving privilege; however, the DMV reserves the right to review the medical condition in a specified period of time (usually in one year).
Medical Probation II: This means the hearing officer has concluded that sufficient evidence exists to demonstrate that the underlying medical condition is currently stable, but there is a strong suspicion that the condition may deteriorate or recur. In this case, the driver is returned to full driving privilege, however, he must file a Driver Medical Evaluation at specified intervals (usually every three to six months) and until the department is satisfied the driver has a sufficient of stability.
Medical Probation III: This means the hearing officer has concluded that sufficient evidence exists to demonstrate that the underlying medical condition is currently stable and that the driver can be trusted to “self-report” any change in their medical fitness to drive. The person is returned to full driving privilege and is responsible for monitoring themselves.
Restriction: In all cases, the Hearing Officer does maintain the power to place a “restriction” on a driving privilege. In most instances, this means the driver is not permitted to drive at night or on the freeway.
Suspension/Revocation: This is the worst of all scenarios. This means the hearing officer concludes that there is insufficient evidence to demonstrate that the driver is safe to operate a motor vehicle and sustains the suspension. This generally, means the driver must refrain from driving for a minimum of 94 days or until such time as the medical condition stabilizes. At that point a request to “reopen” the matter may be granted.
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We understand our client’s fear and objectives and will strive to meet or exceed their expectations. The mission of California Drivers Advocates is to provide the highest quality representation to our clients at administrative hearings before the California Department of Motor Vehicles.