Los Angeles Drivers License Suspension Attorneys

Medical Probations

The Department of Motor Vehicles has the authority under the Vehicle Code to place a person's driving privilege on probation in lieu of suspension or revocation. A medical probation allows the department to monitor the driver's medical condition on an ongoing basis.

There are two medical probations that are appropriate for drivers with lapse of consciousness disorders, Medical Probation Type II and Type III.

Placing a person on medical probation allows drivers with controlled epilepsy and other disorders characterized by a lapse of consciousness to continue driving. A medical probation is only to be used when control of a lapse of consciousness disorder has been achieved for at least three months.

Medical probation Type II is for drivers who have achieved three to five months of control. The driver is required to authorize his/her treating physician to complete the Driver Medical Evaluation (form DS 326 available at http://dmv.ca.gov/forms/ds/ds326.htm ) and submit it to the department on a prescribed basis.

The decision to place a driver on Medical probation Type II should be based on a combination of considerations. The main factors include but are not limited to:

Seizure type
Seizure manifestations
Seizure, medical and lifestyle history
The seizure-free period prior to the last episode

Medical probation Type III is for drivers who have achieved six or more months of control, but due to contributing factors there is a slight possibility of another seizure. Medical probation Type III requires the driver to report, in writing, on a regular basis to the department on the status of his/her disorder. The Medical Probation Reporting form (DS 346) is used by drivers on Type III probation, and the driver must sign the form under penalty of perjury under the laws of the State of California that the information provided is true and correct.

The decision to place a driver on Medical probation Type III should be based on the driver's medical history and established reliability. The main medical factors to consider include, but are not limited to:

Seizure type
Seizure manifestations
Seizure, medical and lifestyle history
The seizure-free period prior to the last episode. The major reliability factor to consider is the driver's likelihood of complying honestly. Medical Probation Type III should be considered self-monitoring and should not be imposed if the driver has exhibited past evidence of:
- Noncompliance
- Withholding information from a physician or the department
- Inconsistent statements

No probation is needed for drivers who have achieved six or more months of control and there are no coexisting medication conditions that would aggravate the driver's seizures or impair the driver's ability to safely operate a motor vehicle.

Please Click HERE for the Location of a Criminal Defense Lawyer Near You

Los Angeles Drivers License Suspension Attorneys

Medical Probations

NEARBY OFFICES IN LOS ANGELES, ORANGE AND VENTURA COUNTIES.

HIRE A LOCAL CRIMINAL DEFENSE ATTORNEY!

PLEASE CALL FOR A FREE CONSULTATION - REASONABLE FEES

PLEASE CALL US IMMEDIATELY!

OUR 24-HOUR PHONE NUMBER IS (888) 579-4844

DMV & Driver's License Suspensions & Revocations