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Hammer O'Justice
Hammer O'Justice, Attorney
Category: Traffic Law
Satisfied Customers: 4395
Experience:  10 years of legal experience, including traffic law
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My 76 yr old wife recently had her license suspended by an

Customer Question

My 76 yr old wife recently had her license suspended by an officer that indicated she was confused, disoriented and emotional following her foot slipping off the brake and onto the accelerator causing a collision with a stationary object. She was diagnosed with Alz/Dem in 2011 but has a clean record. Any hope of her license being re-instated?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Hammer O'Justice replied 1 year ago.
Hello.I'm sorry to hear about her situation. The DMV in California will only allow persons with mild dementia to operate a motor vehicle. Anyone with moderate to severe dementia cannot have a license. Once she was reported by the officer, the DMV should have sent a Driver Medical Evaluation to her to be filled out by her physician. If her physician diagnoses her as having mild dementia, then the DMV will test her to determine if she can drive or not. This page from the DMV does a good job of explaining the process: https://www.dmv.ca.gov/portal/dmv/detail/dl/driversafety/dementia If the DMV has not yet sent her the form to present to her doctor, you and she may want to follow up with them to begin the process. If she is still denied after being evaluated by the DMV, then she will have 10 days from the date of the decision to request an administrative hearing to appeal the suspension.
Customer: replied 1 year ago.

Thanks!

Expert:  Hammer O'Justice replied 1 year ago.
No problem. Good luck and I hope she is able to work things out. Please leave positive feedback so I get credit for my answer. Thank you!
Expert:  Hammer O'Justice replied 1 year ago.
Sorry, I realized I did not click the button that would allow you to rate my service, so I'd appreciate it. Thanks again.