The primary reason DMV suspends or revokes a senior driver’s driving privilege is because of a mental and/or physical condition. If the decision to suspend or revoke your driver license is made, you have the right to request a DMV administrative hearing. The hearing is our opportunity to present relevant evidence or testimony regarding an intended action by DMV.
How do we request an administrative hearing?
When you receive a notice from DMV informing you that an action will be taken against your driving privilege, and you want an administrative hearing, we must make our request for a hearing immediately. There are only 10 days to request the hearing if you were personally given your notice of action, or 14 days if the notice was mailed to you. Your right to a hearing may be lost if the DMV Driver Safety is not contacted within these time frames.
What happens at an administrative hearing?
The hearing will be at a DMV Driver Safety office. At the hearing, the hearing officer will record your conversation. The DMV hearing officer will analyze and weigh the facts of your case and then make a decision regarding your driving privilege. The DMV hearing officer may decide to:
- End or dismiss the action. You will be able to drive again.
- Restrict your driver license or place you on probation so you can continue driving, but on a limited basis, such as “no night time driving.”
- Uphold the original decision to suspend or revoke your driving privilege.
What are my legal rights during the hearing?
These are your rights for an administrative hearing:
- You can be represented by an attorney at your own expense.
- You can testify on your own behalf.
- We can review DMV’s evidence and cross-examine any witness offered by the department.
- We can present our own evidence and/or relevant witnesses on your behalf, such as copies of medical evaluations, vision examinations, accident reports, or photographs.
- We can appeal any adverse decision through a departmental review or through Superior Court.