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Can an Elderly Drivers License Be Suspended Due to Age?

Apr 7, 2021 | Accidents

California Vehicle Code does not have any limitations with regards to the age of drivers, that’s why it is easy to notice both young and old drivers on roads. However, senior-aged drivers can have more problems while driving and can cause more car accidents. The reasons for the above mentioned are very simple-the physical conditions of the elderly drivers do not let to drive more carefully.

For example, a driver of a senior age can suffer from problems with eyesight, thus can fail to notice any marks and signs on the roads. Not hearing the traffic can also become a problem and lead to car accidents.

At What Age Does California Require Drivers to Renew Their Drivers License?

California law requires drivers that are 70 years or older to renew their drivers license.

What are California’s Driver’s License Renewal Requirements?

As mentioned above, the renewal process of the driving license shall be conducted in-person to let the DMV evaluate you and your condition before making a decision. The elderly driver may be required to undergo a medical evaluation for his physical and mental conditions check-up. The medical evaluation shall include:

  • vision test (it is required to have 20/40 vision),
  • the elderly driver shall also be required to pass a written test for the driving skills check-up.

What are the Grounds to Suspend the Driving License?

The following medical conditions can be a reason to suspend your driving license:

  • disorders leading to “loss of consciousness”,
  • disorders, which made you have such lapses in the past 3 years and this can be repeated,
  • other medical disorders, which can have a negative impact on your driving abilities (even diabetes can be considered as such).

DMV also pays attention to the drugs, which are used by elderly people to treat their illnesses, as their negative consequences can make them sleepy and dizzy, affecting driving abilities.

What Other Sources Can DMV Have to Assess Your Physical or Mental Conditions?

The common sources which DMV has to assess driving conditions of the elderly person can be:

  • concerned friends, family members, or even other private citizens,
  • law enforcement officers, who noticed the elderly drivers in conducting violations,
  • doctors, who are required by law to inform about such problems, which can lead to “lapses of consciousness”.

What is the Procedure for The DMV to Decide on Your Physical or Mental Conditions?

In the event there are threatening physical or mental conditions, the DMV can ask you to submit a DMV driver medical evaluation regarding your medical history with your doctor. Another option is to ask for re-examination (including a driving performance test).

Is There a Way to Challenge License Suspension?

Pursuant to California Vehicle Code 14100, you can challenge the revocation at DMV administrative hearings. The period for such a request is 10 days after receiving the notice of revocation.

The next step is “department review” if the result of the hearing is not satisfactory and the license is not renewed. The period for submitting for this review is 15 days after receiving the decision.

In any case, you have the right to challenge the decision in court if neither the 14100 hearing nor the department review gives any result. The period is:

  • 35 days if you want to go to court after the hearing,
  • 95 days after you receive the decision of department review.

Get Legal Help

Experienced and professional legal assistance can help you to challenge the DMV decisions and renew your license-restoring your right of driving. We invite you to contact KAASS LAW firm at 310-933-5171 for a free consultation on your case and further assistance.