More Than 1 Route Leads to Loss of License

At 77, Marjorie DePaola is still working at the Orange County craft store where she has led art classes and tended the cash registers for years, and is still piloting her Toyota Echo to and from the shop, on errands and to visit friends.

But a couple of years ago, she temporarily lost that mobility after a police officer reported her to the state Department of Motor Vehicles for unsafe driving.

Her experience highlights the importance of knowing the system and knowing what to do if your driving privileges are threatened.

DePaola had hit a parked car while driving to a friend’s house near her home in Placentia. In his report, the officer cited his concern that, at the scene, she said “just that she looked up” and saw the parked car in front of her.

DePaola later argued successfully that she had hit the car, which she said was sticking out into the street, rather than swerve and hit moving vehicles to her left.

But the accident and the officer’s report set off a chain of events that led to the revocation of her driver’s license for a period. (It was later reinstated.)

“It was the worst time of my life,” DePaola said. “I just didn’t know how to handle it.”

Shortly after the accident, she was notified that the officer had reported her to the DMV as a potentially unsafe driver.

She was asked to go to one of the department’s driver safety offices for driving tests and a hearing check.

DePaola took the written driving exam and passed it easily. She also passed the vision test.

Her doctor attested that she had no medical conditions that would make her an unsafe driver -- that she did not suffer seizures, blackouts or confusion.

But she was so nervous taking the driving test that she failed it, according to DePaola and her attorney. (The officer said she drove too slowly and exhibited “overall unsafe driving,” according to the report.)

And DePaola said she unintentionally antagonized the hearing officer by declining to report that she had had heart surgery a few years previously, figuring that the information was personal and unrelated to driving.

“She kept repeating that I hadn’t been truthful with her and that I hadn’t told her my entire medical history,” DePaola said. “I’ve had a lot of medical history, but that’s between me and God.”

A few days later, uniformed sheriff’s deputies showed up at her house with a summons. The document ordered her to forfeit her license to the DMV.

DePaola hired a lawyer. Lee Rittenburg, a San Bernardino-based attorney who runs a firm called Traffic Defenders, won her a new hearing. He also suggested that she take some driving lessons.

A few months later, DePaola’s license was reinstated.

“We explained to the hearing officer that she didn’t tell the officer about the poorly parked car because she was so shaken up,” Rittenburg said.

That argument, and the fact that DePaola had passed the driving test on her second try, won the day.

So what are the circumstances under which someone’s license could be threatened? And what would probably happen?

Following are some basic questions and answers.

Question: Can my age trigger an automatic reassessment of my driving skills?

Answer: Under California law, all drivers older than 70 must renew their licenses in person.

This means that they will have to go to a local DMV office and take a written test and a vision test, but not necessarily a driving test, said department spokesman Steve Haskins.

Renewals for elderly drivers are every five years, the same as for younger drivers, unless they have an obvious condition that would cause their driving ability to deteriorate rapidly.

Q: Is it true that anybody can report me to the DMV for unsafe driving?

A: Anyone can report an unsafe driver, but the DMV is only required to act if the person making the report is a close blood relative, spouse, police officer or doctor, Haskins said.

Reports must be in writing, with forms available on the DMV’s Web site at www.dmv.ca. gov/forms/ds/ds699.htm. They must be signed and dated.

Q: Under what circumstances could I be reported?

A: If you are in an accident and the police officer at the scene believes that you were not driving safely, the officer may report you to the state, said Sherman Ellison, a San Fernando Valley attorney specializing in traffic law.

Family members also might report you if they have witnessed specific instances of unsafe driving or believe you have a medical condition, a problem with drunk driving or another impairment.

Doctors who know that you have a condition that could make you a risk on the road, such as epilepsy or advanced Alzheimer’s disease, also might report you.

Q: What happens if someone sends the state my name and says that I am an unsafe driver?

A: If the person reporting you is a close relative, police officer or doctor, the DMV will either suspend your license on the spot or, more likely, require you to go in for a hearing and a new driving test, Ellison said.

At that time, you must prove that you are still competent to drive, and satisfactorily explain the bad driving alleged in the report.

You will probably also be required to take a vision test and provide a doctor’s affidavit attesting to your health and competence.

Q: What happens if I fail the vision test?

A: People with worse than 20-40 eyesight are typically sent to an eye doctor to have their vision corrected with glasses or contact lenses.

California law, however, allows anyone who can pass a driving test to pilot a vehicle -- as long as he or she is not legally blind in both eyes, said DMV spokesman Bill Branch.

Q: What happens if I am in a fatal accident?

A: If you are in a fatal accident and at fault, you probably will be reported by the officer who handles the case.

You will have to pass the driving test and prove that you are a safe enough driver to be allowed back behind the wheel.

If the accident is not your fault, or if you did not violate any traffic rules, you probably will keep your license, Ellison said.

“If it’s clearly an accident with no underlying cause -- you weren’t speeding, you weren’t running a red light, making illegal left turn -- that typically is not a crime, and typically is not an issue that triggers DMV administrative sanctions,” he said.

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If you have a question, gripe or story idea about driving in Southern California write to Behind the Wheel c/o Los Angeles Times, 202 W. 1st St., Los Angeles, CA 90012, or send an e-mail to behindthewheel@latimes.com.