What are My Rights at a DMV Reexamination and/or Administrative Hearing?
Before we can answer this question, we must address the difference between a reexamination and an administrative hearing. Although these terms are frequently used interchangeably to refer to the same proceeding, elderly drivers may be entitled to be heard at each. If following your reexamination, you feel that the decision to restrict, suspend, or revoke your license was unjustified, you may request a DMV administrative hearing. During this proceeding, a DMV hearing officer will review the test results from your “reexam”. He/she will also evaluate any additional evidence you present to support your position that you are, in fact, a safe driver. Your rights are the same for both proceedings. • You have the right to be represented by an attorney (at your expense) Unlike a California criminal case, the state will not provide you with an attorney if you are unable to afford one. However, you are still entitled to have a California DMV hearing lawyer defend you in a DMV hearing if you have
