Braden & Tucci

82 Discovery
Irvine, California 92618

Phone: (949) 872-2700

Facsimile: (949) 872-2708



Braden & Tucci, A Professional Law Corporation

Orange County's Premiere DMV Defense Firm

Our Office is located at:

82 Discovery

Irvine, California  92618

Tel:  (949) 872-2700

Fax: (949) 872-2708

Directions to our office - Braden & Tucci

Irvine DMV Driver Safety Office

16735 Von Karman, #110,

Irvine, California  92606-4953

Phone (949) 440-4416

Fax (949) 440-4424

Directions to Irvine Driver Safety Office

 

Types of DMV Driver Safety Issues

Mature Driver, Elder Driver, Senior Driver DMV Issues

 

Negligent Operator Treatment System

 

Medical Conditions and Traffic Safety

 

Drivers Who May No Longer Have the Skill to Drive Safely

 

Financial Responsibility

 

Fraud

 

DMV Helpful Links

 

California Vehicle Code

 

California Statutory Law

 

California Drivers Handbook

 

California Code of Regulations

 

California Office of Administrative Law

 

US Code of Federal Regulations


CA DMV Written Test Samples

 

 

 

 

 

 

 

 

 


 

Orange County's Premiere DMV Defense Firm

100% of our practice is devoted to DUI & DMV cases

California DMV - Driver Safety Office

The role of the Driver Safety Branch is to promote traffic safety by controlling the driving privilege and to provide timely due process and fair administrative hearings to drivers facing withdrawal of their driving privilege. Responsibilities include investigative reexamination of drivers who pose potential risks to traffic safety, and the imposition of appropriate actions against those motorists identified as traffic safety risks. The Branch also maintains appropriate liaisons and communication with other agencies and public entities such as law enforcement, offices of the district attorney, the medical profession, defense attorney organizations, and public interest groups who play integral roles in furthering traffic safety.  Medical information is required under the authority of Divisions 6 and 7 of the California Vehicle code. Failure to provide the information is cause for refusal to issue a license or to withdraw the driving privilege.  All records of the Department of Motor Vehicles, relating to the physical or mental condition of any person, are confidential and not open to public inspection (CVC Section 1808.5).  

List of California Driver Safety Offices

We will represent you whenever the California DMV is seeking to take action against your driving privilege.  Calling our office as soon you realize that DMV is about to take an action will be extremely important to insure your legal rights are protected.

DMV Hearings

If your license is ever suspended or revoked by the Department of Motor Vehicles (DMV), you may be able to request an administrative hearing with Driver Safety.

Driver Safety is the branch within the DMV that holds hearings to determine whether an action taken against a person's driving privilege is justified. Upon receiving notice that the DMV intends to curtail your driving privilege, you have only 10 days if you were personally notified of the action, or 14 days from the date a notice was mailed to you to contact Driver Safety and request a hearing. These timeframe's are critically important. Failure to contact Driver Safety within these timeframe's could result in the loss of your right to a hearing.

Driver Safety holds hearings on many different issues; however, each hearing is similar in that it affords drivers an opportunity to present reasons why they ought to retain their driver licenses. Each hearing is held according to legal guidelines (Administrative Procedures Act (APA); Evidence Code) that help ensure that neither the DMV nor the driver has an unfair advantage over the other.

It is the hearing officer's job to fairly record, analyze, and weigh the facts of each case against the issues involved before coming to a decision regarding the driver license. The hearing officer may end or set aside the proposed DMV sanction, allowing you to regain the use of your license; he or she may modify the license by placing various restrictions on its use; or the hearing officer may uphold the original suspension or revocation of the driving privilege. If the hearing officer makes a decision that you feel is unfair or unjust, you may appeal the decision with a departmental, and ultimately a court, review.

 

DMV Hearing Rights

You have certain legal rights during an administrative hearing, and the hearing officer will ask you if you understand these rights before continuing with the hearing. Please be sure to have the hearing officer explain your legal rights if you don't know or understand them. Some of these legal rights include your right to:

  • Be represented by an attorney or other representative at your own expense.
    (An attorney is not required; it is only an option should you desire one.)
  • Testify on your own behalf.
  • Review the DMV's evidence and cross-examine the testimony of any witness offered by the department.
    In many instances, the DMV's case rests solely on written documentation, such as the Priority Reexamination Notice or medical information. If you wish to question the information contained in the DMV's evidence, you will be responsible for subpoenaing the person who prepared that document. Subpoenas are available through any Driver Safety office; however, someone other than you must serve the subpoena(s).
  • Present your own evidence and/or relevant witnesses on your behalf.
    Any evidence presented must be relevant to your case and becomes part of the official record maintained by the DMV. No evidence submitted will be returned. Evidence might be copies of medical evaluations, vision examinations, accident reports, photographs, or other documents that support your claim to keep your license.
  • Appeal any adverse decision.
    You may contest the DMV's findings through the DMV's departmental review process or through the Superior Court.

Remember, the hearing process is designed to ensure that you have an opportunity to be heard and that your concerns regarding the areas that affect your driving privilege are fairly addressed.

 

DMV's Subpoena and Lawsuit Serving Processes

Legal authority for DMV to accept service is provided in California Vehicle Code section 24.5 .  All civil process in actions brought against the Director and/or the Department of Motor Vehicles shall be served upon the Director or his/her appointed representatives at the following address:

Department of Motor Vehicles
Legal Affairs Division
Legal Office, Fifth Floor
2415 First Avenue
Sacramento, CA 95818


All subpoenas, including those for the reproduction (copies) of departmental records, shall be served upon the Director or his/her appointed representatives at the above specified address.   Service will not be accepted at a DMV field office.