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CalAttorney2
CalAttorney2, Attorney
Category: Legal
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Experience:  Civil litigation attorney for individuals and businesses.
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Back on 04/16 of this year, I had a heart attack that ended

Customer Question

Back on 04/16 of this year, I had a heart attack that ended with a full on cardiac arrest and loss of conscious. When the hospital's emergency doctor filled out the paper work, it was passed onto the hospitals administration where upon seeing the report, by law, reported it to California DMV. DMV suspended my drivers license.
On May 5th a hearing was held in Oakland where the suspension was appealed, documented and recorded. I delivered requested documents along with physician stating it was their opinion that this was a one off occurrence (in the hospital - ekg and blood test were inconclusive so there was a hesitation of time while they drew conclusions before I was hit with massive failure). The gal that was holding the hearing told me at the end it would be three weeks for her to render a decision and and mail her conclusions on whether the suspension would continue or not.
Fast forward to today June 7th and I have heard nothing. I've called the office on occasion to get the status and I'm told the case is still pending evaluation. So not to upset the process, I've bit my tongue and patiently (impatiently) waited.
This law extends boundaries. I know it - the medical personnel I've spoken to knows it. But, at the end of the day, it is the law.
The problem? Cost. Thousands have been spent on cabs and Uber to shuttle me around and drop the kids off and pick them up for school. The cost is burying me. With no end in sight. I'm really at the mercy of a slow - seemingly understaffed DMV.
Here is the DMV pdf that defines the law and I'm trying to figure out what category I fall under.
https://www.dmv.ca.gov/portal/wcm/connect/55336c41-1a88-4791-9d96-b254f121b84a/laps_table.pdf?MOD=AJPERES
Have I just notified you stating the obvious or is there another process to get some type of answer that can expedite this decision and bring on next steps or allow me to drive without throwing myself under the bus (no pun intended)
Rick
Submitted: 5 months ago.
Category: Legal
Expert:  CalAttorney2 replied 5 months ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

Unfortunately, the DMV process does not have a timeframe that they must follow (the review process is "indefinite" - see: https://www.dmv.ca.gov/portal/dmv/?1dmy&urile=wcm:path:/dmv_content_en/dmv/pubs/brochures/fast_facts/ffdl27).

However, if you have the contact information for the examiner (or the department that is conducting your review), you can send them a follow up letter inquiring into the status of your examination. This often can prompt them to review the matter (the timeframe of 3 weeks offered by the hearing officer is optimistic, although in my experience, some of these departments are significantly backlogged).

Unfortunately, there is no recourse for the significant expenses that you are incurring due to the lack of a license at this time. (I am very sorry).

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