DMV and Diabetes and DUI | Fresno Criminal Defense & DUI Attorney

There are several aspects of the DMV which Fresno Attorney Jonathan Rooker has helped clients deal with.  One are that garners some attention is how diabetes can affect a drivers license.  Luckily, the DMV provides a pamphlet about Diabetes and Driving, which can assist you when apply for a license if you have diabetes.  The source of information is the DMV pamphlet, which is subject to change.  This is not intended to be legal advice, but instead to relay information, in whole or in part, that the DMV has provided on this subject.  Remember, you have the right to have an attorney represent you at your hearing, and/or advise you on your case.  Fresno Criminal Defense Attorney Jonathan Rooker offers a free in person meeting to review you case.

What is Diabetes?

Diabetes is a serious condition that affects the way the body uses digested food for growth and energy.  The body breaks down food into glucose, the main source of fuel for the body, passes into the bloodstream where it is used by the body's cells.  Insulin must be present for the cells to use the glucose.  In some cases, diabetes can affect a person's ability to operate a motor vehicle.

Can I get a drivers license if I have diabetes?

It depends.  Additional medical information is required when you complete a Driver License or Identification card application (DL-44) form and check the "Yes" box in section 5, question C.  The following list briefly outlines what occurs when a person with diabetes applies for a driver license:

A field officer technician will:

*  Review your DL 44 form for completion

*  Ask you to briefly explain your medical condition

* Determine if further review by Driver Safety is necessary.

*  Explain to you if your condition re quires a referral to the Department of Motor Vehicles (DMV) Driver Safety Branch.  If so, you may take your vision and written tests, but you may not be able to take your behind-the-wheel driving test until you have been cleared by Driver Safety.

*  Send your driver license application to the Driver Safety office nearest to your residence for further review if applicable.

What does the driver safety branch do?

The Driver Safety Branch, as authorized by California statue , is responsible for controlling the driving privilege by identifying thigh risk drivers.

1.  Before contacting you, Driver Safety will review the information sent from the DMV field office.

*  If it is determined that your medical condition does not affect your ability to safety operation a motor vehicle, no further information is necessary.  You will be sent a driver Safety clearance letter instructing you to return to your local DMV office to complete your application.

*  If additional information is necessary to determine if your medical condition affects your ability to safely operate a motor vehicle, you will be sent a Notice of Reexamination and a Driver Medical Evaluation form from Driver Safety, you will need to have a physician complete the Driver Medical Evaluation portion of the form.

2.  If you receive the notice of reexamination and Driver Medical Evaluation form from Driver Safety, you will need to have a physician complete the Driver Medical Evaluation portion of the form.  You or your physician must send the Driver Medical evaluation back to the driver safety office indicated on the form within 24 days.

NOTE: IF the Driver Medical Evaluation is not returned to Driver Safety within 24 days, your driving privilege will be suspended until you provide the Driver Medical Evaluation.

3.  After receiving and reviewing your Driver Medical Evaluation, Driver Safety may:

*  Determine that your medical condition Does Not affect your ability to safely operate a motor vehicle and no further information is necessary.  You will be sent a Driver Safety clearance letter instructing you to return to your local DMV office to complete your application.

*  Determine that your medical condition DOES affect your ability to safely operate a motor vehicle and take one of the following actions against your driving privilege:

- Impose a driving restrictions(s)

- Impose medical probation that requires the submission of periodic medical reports to DMV on specified dates.

- Suspend or revoke your driving privilege if your diabetes affects your ability to operate a motor vehicle. (California Vehicle Code sections 12806 and 12809)

NOTE: If an action against your driving privilege is taken, a notice will be sent to you with instructions regarding your appeal rights.

*  Schedule you for an in person or telephone reexamination hearing, if a determination of your driving ability cannot be made from a review of you Driver Medical Evaluation.  If you do not appear or do not complete your reexamination hearing, your driving privilege will be suspended until you appear and/or complete your reexamination hearing.

4. During your reexamination, the hearing officer;

* Will ask you questions about your medical condition, medication(s), treatment regimen, and your driving needs.

* May require you to take a vision test, written test, (if you have not already done so), and/or driving test.

5.  After the reexamination, the hearing officer will review your medical evaluation, test resutls (if any), any testimony, and render a decision regarding your driving privilege within 30 days of the reexamination hearing.  Driver Safety will notify you of the licensing decision for you case.

*  If no action is necessary, the notice will advise you to return to your local DMV field office to complete your application.

*  If the hearing officer determines your diabetes impairs your ability to drive safely, he/she will take one of the following actions against your driving privilege:

-  Impose a driving restrictions(s)

-  Impose medical probation that requires periodic medical reports to be submitted to DMV on specified dates.

-  Suspend or revoke your driving privilege if your diabetes affects your ability to operate a motor vehicle.

NOTE: If an action against your driving privilege is taken, a notice will be sent to you with instructions regarding your appeal rights.

6.  When you return to the DMV office to complete your application, a field office technician will:

*  Review your Driver Safety clearance letter or other Driver Safety notification.

*  Issue you a driver license permit, a provisional driver license, or an interim driver license as appropriate.

NOTE: This is only an example of what may occur. The circumstances of you individual case may require additional contracts with Driver Safety.

Where can I get more information?

You healthcare provider is the best source for information that is specific to you.  There are various resources available to

Fresno DUI Attorney | Madera DUI Attorney If you've been cited, you need to know what to do next. Help your attorney help you, contact me as soon as possible

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Fresno DUI Lawyer Jonathan Rooker: Fresno area law enforcement agencies have some of the strictest DUI enforcement policies in the Nation. The first decision an officer makes during the DUI enforcement is the decision to stop the vehicle. It may be a driving pattern, maintenance infraction, tinted windows, or other issues the lead the officer to make that decision. The next decision is whether to have the driver exit the vehicle and conduct a DUI investigation. Factors include odor or alcohol, red watery eyes, and slurred speech. Timely stopping, parking, and fumbling with a license or insurance paperwork, all influence the officers decision to continue the investigation. Once outside the vehicle the subject may sway or have trouble following directions. At the conclusion of the third stage, the officer decides if there is probable cause for an arrest. If you are arrested, there are steps you should take on your own behalf. It is important for anyone cited for DUI to contact the DMV within 10 days to preserve their right to an Admin Per Se Hearing in front of a DMV officer. Failure to contact the DMV within 10 days may result in the suspension of your driving privilege. Remember, the officer arrests at probable cause, but it takes proof beyond a reasonable doubt to convict. If the officer does their job right, a large percentage of the people should be found not guilty.

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Fresno & Madera Criminal Defense Lawyer Jonathan Rooker: Domestic Violence (DV) charges, punishments, and your rights is something you need to understand if you've been accused. DV charges can result in a sentence of probation, jail, and/or prison. DV can be charged under various sections including PC 243(E) or the more serious PC 273.5 Felony (DV) accusation. Many convictions result in being sentenced to a 52-week program, referred to as the Batterers Treatment Program (BTP). The right to own, possess, or use a Firearms, a serious issue for many people who grew up in the rural valley hunting, fishing, and target shooting can be lost forever. While Judges routinely advise those convicted of misdemeanor Domestic Violence that they will be prohibited from owning firearms for 10-years, the Federal Government will preclude gun ownership for the remainder of the persons life if they are convicted of a misdemeanor crime of domestic violence. It is important that the court knows you are a law abiding, upstanding, and productive member of society. Don't let an accusation turn into a lifetime of being stigmatized as a criminal.

"Criminal defense is about helping good people, that is what I do." Jonathan Rooker

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Experienced Fresno and Madera County Criminal Defense Attorney Jonathan Rooker understands the needs of each client are quite unique to each individual client. Some clients are looking to keep their drivers license, others are looking to avoid long periods of incarceration. Many times pride and principles are cited for the client's motivation to achieve a particular resolution to their case. Many clients just want to put their life, family, and career back together. It is the responsibility of the defense attorney to coordinate and effective defense for the benefit of the client. It is essential that I provide the best defense for the individual person and their specifically tailored needs in life. I will help you by building the best defense that the facts allow. One important aspect of hiring a private attorney is the time they spend listening to your needs, and working to obtain an effective resolution under the circumstances. When these problems arise, it's time to reach out for a helping hand. I handle criminal defense cases on a daily basis, helping people with their issues. Let me help you.