Questions: Will a driver’s license be suspended if a neuropsychological evaluation reveals signs of vascular neurocognitive disorder?
I am asking this question on behalf of an extended family member who’s primary language is mandarin. 9 years ago the patient suffered a stroke, but has substantially recovered. The wife of the patient requested (electively) an evaluation in an effort to be proactive — to help understand what deficits, if any, existed and could be mitigated. The patient has, in the last 9 years, functioned well and drives, apparently, safely — he is an engineer and has maintained his work during this time. We suspect that the testing is not accurately reflecting the patient’s true competence in part due to the use of virtual testing and the existence of a language barrier (patient is most fluent in mandarin and the test questions were asked in english).
The result of the evaluation was signs of memory issues that bordered on minor/major neurocognitive disorder. The psychologist said that the patient’s driver’s license could be suspended once they submitted their report to the patient’s primary care physician.
We are unfamiliar with california state law and want help understanding what options, if any, exist to avoid a license suspension and to help us navigate the process.
Answer: Sorry to hear about this situation. Yes, the DMV can suspend someone’s driver license based on a medical condition. That generally happens with the medical provider (ie. doctor) reports the issue to the DMV, or sometimes as reported by a peace officer (ie. someone is in a car accident and reports to the police that they passed out or suffered a seizure behind the wheel prior to the accident).
Should that occur the DMV would (if their system is properly running) inform the driver of the action they are taking. A medical condition license suspension can be challenged at a DMV hearing. Should the driver you are referring to get a notice of any action by the DMV, I would recommend that they contact me to discuss their situation in more detail. I regularly handle DMV hearings and have been successful in avoiding license suspensions and getting driver license’s reinstated for clients who ran into medical condition driver license suspension issues from the DMV. I can be reached at 818-336-1384.
In the meantime, you can click on the following link for some more information you may find helpful: DMV Medical Condition Driver License issues
Philip Hache, Attorney