Complaint Review: Virginia Department of Motor Vehicles

In October 2010 I had a "friend drive me" to the Virginia Department of Motor Vehicles (DMV) customer service center in Warrenton Virginia to Renew my Virginia Drivers License. After renewing my Drivers License, paying the fees, and trading in my Old expired license card my friend and I (he driving) left the DMV. In ten (10) days I received my New Drivers License (card) in the mail, valid for eight (8) more years.

On October 27, 2010, approximately ten (10) days thereafter, I received a letter (DMV Suspension Letter – Request fo Customer Medical Report (CMR)) from the Sr. Medical Evaluator, DVM Medical Review Services stating that I was an unsafe driver and my License would be Suspended on November 27, 2010. The letter stated requirements of:

1. Recent Medical Exam
2. Performed by a Medical Doctor (MD) or Nurse Practitioner (NP) familiar with my medical history
3. Give the letter to the MD, NP, or Eye Care Practitioner
4. Address all Medications currently taking.

Furnish the original CMR, which must be Approved by the DMV (at address or fax listed) prior to November 27, 2010 or my license will be Suspended.

Upon telephoning the DMV to identify the cause of Suspension, I was eventually transferred to Ms. Betty Jones, Office Manager, Medical Review Services of DMV (betty-jones@dmv.virginia.gov (804-497-7187)). Ms. Jones, being extremely rude and disrespectful throughout our conversation (with myself and a friend). Upon my request to speak with the Commissioner of the DMV (Mr. Richard D. Holcomb), Ms. Jones refused to transfer my call, and stated that "you don't need to talk to anyone but me, I know everything about you." Ms. Jones identified that I had been Suspended because someone (any person) filed a Medical Complaint about my driving or ability to drive. Ms. Jones would not reveal to me who had made the complaint, upon my inquiry, and would not grant an extension of the Suspension, upon my request.

Note: That anyone, with or without qualifications or expertise, can file a complaint against anybody else, and they fall under these procedures of process in the State of Virginia. COMPLETELY rediculous!!!

On November 10, 2010, I complied completely and entirely with the requirements of the DMV letter with satisfactory recommendations and examination by both my Primary Care Physician (MD) of 30 years, and my Eye Doctor of many years, and my Doctor directly transmitted the CMR on November 10, 2010 to the facsimile number provided.

On November 16, 2010 I received a Suspension Letter – Received Acceptable CMR from the DMV.  Thus, the DMV identifying that the CMR was received and found/determined by the DMV to be acceptable.  This letter stated the requirements that I must:

1. Take and Pass a Knowledge Test by December 1, 2010
2. Take and Pass a Road Test.

Note:  Note that the DMV is “ADDING TO”, increasing, changing their requirements continuously throughout the process, and continues to extend the Suspension Date as well.  All of this after their receipt of an “acceptable CMR”.

I wrote to my Congressman Frank Wolf, and he obtained from the DMV that the individual who filed the complaint was a DVM employee at the Warrenton VA DMV customer service center.  That the employee filed a complaint that I was an unsafe driver based on their observations upon my visit to the DMV on that October day.  

The DMV employee who filed the initial compliant could NOT have observed my ‘driving skills’ on my October visit as I DID NOT DRIVE on that visit.  A "friend drove" me to the DMV on that day, I was not operating a vehicle on that visit.  Thus, the compliant is solely based on the visual and audible observation by the DMV Employee of my visual physical, visual appearance, and audible speech, NOT my Driving Skills!

At that time, I was walking with a cane, as I had very recently sprained my ankle.  My writing is poor, so at the DMV I had lady customer assist me in filling out the paperwork at the DMV.  My speech could be considered ‘occasionally slurry’ for someone unfamiliar with me, or with mature senior adults, such as a younger middle-upper class educated graduate without close interaction and familiarity with seniors.  I am also slightly hard of hearing and utilize hearing aids.  These 'may' have (very likely) contributed to the unqualified and non-medical employee in their observance causing them to file a complaint, but unknown.  I have many, many friends, customers, clients, business associates, vendors, service agents, doctors, and family who are fully capable of understanding me, aware of my incredible awareness, knowledge, understanding, and memory.  I fully support and care for myself with NO outside assistance physically, mentally, care, or financially.  I am fully inept and capable of driving.  I can provide statements from many family and friends in addition to those of my doctors stating that I am NOT and never have been “disoriented”, “weak”, “impaired”, and have NO “medical condition that impairs my ability to drive”, as cited in the DMV complaint and file/correspondence on my case.

Basically, I am a mature senior and have some physical afflictions that do not affect my mental ability, mental awareness, nor my ability to operate a motor vehicle.  I am completely healthy mentally and physically suitable to drive an automobile as determined, stated, and certified by my physicians in medical reports provided to/filed with the DMV on numerous occasions since advent of the complaint.  Both my Primary Care Physician of some 30 years, and my Eye Doctor of many years, have provided numerous immediately new/recent written statements of their analysis of my health, mental and physical capability to be fully qualified and capable to drive an automobile.

I have driven as a “career” full-time for all my life and have driven well over 3 Million Miles across the USA and Canada.  Any DMV unqualified/non-expert who could question my driving skills over all these years driving and miles travelled, being approved by the State and DMV for some 60 plus years is ridiculous.  I have never had a major accident, have few speeding tickets, no DUI/DWI arrests, and take no mind altering drugs.

This false and unqualified/unexperienced complaint, and the DMV and Commonwealth of Virginia’s lack of process (or extremely poor process) has “directly” affected my life, income, and much more.  Suspension of my License, the DMV’s lack of cooperation, unqualified personnel making determinations and assumptions, lack of appropriate consideration of Professional Medical Doctor’s Examination and statement, has “directly caused” substantial stress, heartache, time consuming cooperation and communication, transportation to and from DMV and medical practitioners, and associated costs, dissatisfaction with the state government’s lack of action to enforce the citizen’s rights toward the DMV, dissatisfaction with the DMV department/agency itself.  The suspension has “directly” disabled my ability to perform my work/career and my ability to produce income and support myself, as I drive for a living/career.

Subsequently my physician provided medical reports/forms requested by the DMV, and provided them again after further detailed evaluation by my physician was requested by the DMV, as they did not review the back of their own form citing the medicines I was taking.  Then the DMV loosing the form, and the Physician transmitting it again.  My physician has sent the DMV their Medical Report not less than three (3) times.

The DMV also required that I take and Pass a written driving examination.  I took the exam and Passed on my third attempt.  Yes, the laws continue to change, so additional study and testing was necessary on my part.  But, the DMV stated in a letter that I took the exam 4 times and Passed on my fourth attempt, which is incorrect.

The DMV also required that I take and Pass a road driving test.  I took the road test two times.  The testing agents for the DMV did NOT pass me on the road tests.  I “feel” this is due to their lack of familiarity with mature seniors, and NOT associated with my driving skills.

Then, after being “successfully” cleared by my Primary Physician and Eye Doctor, and accepted by the DMV, the DMV “ADDED” the requirement that I attend a driving rehabilitation school and obtain a Passing successful “Driver Evaluation with a Certified Driver Rehabilitation Specialist (CDRS)” before they would permit me to attempt the road driving test again.  After researching of the very few locations and providers approved by the DMV in the state, there were only two within approximately 75-100 miles of my home, and these were VERY Expensive.

Note:  Note that ALL OF THIS is due to the fact that any person/citizen or employee can file a complaint on any other person in the state of Virginia, and an evaluation is cited in the DMV requirements.  The DMV’s lack of cooperation, loosing documents, observation/evaluation by unqualified employees, excessive process of proof lying on the drive, even after proven my medical physician evaluation and statement IS REDICULOUS.  Just like with the Federal Government, the DMV is out of control and Virginia Legislatures haven’t properly addressed the laws/requirements/codes of Virginia for this situation, leaving the Citizen unrepresented with lack of process.

I have communicated with the following on this issue with No Avail.

• Virginia Department of Motor Vehicles
• Congressman Frank Wolf
• Heather Young, District Representative, House of Representatives.
• Robert Wittman Congressman
• Eric Fiske, Senior Assistant Attorney General

I am confident that the initial complaint by the DMV employee was invalid, discriminatory (as not based on my driving), that the DMV will not admit same at this point, and continues to increase requirements on myself to prove my ability to drive.  Although I have cooperated with the DMV to this point, I feel completely unjustly judged, and appropriately so.  I was initially, and have continually been disrespected as a person and citizen, and discriminated against, unfairly so, based solely on appearance and presentation of myself as observed by the initial DMV employee who filed the complaint.

Note:  That while standing at the counter applying for my New License in October 2010, the “DMV” approved my license renewal application, and even delivered a New License to me, although subsequently suspending.

I have every single piece of paperwork, documentation, letters, reports, examinations, etc. to back and prove every word in my complaint here, and much more.  I am at a loss of where to go next, as I no longer feel I should bow to the ever-changing glimmers of requests of the DMV without appropriate analysis and based solely on hearsay of the initial complaint.  This has caused me substantial effort, time, heartache, stress, money, discomfort, and income.

I seek the help of an attorney, group, or community supporter to help me argue my case against the DMV, to clear my name and DMV record, to initiate change in the DMV process to help others in the future, to get restitution, and to have the DMV, associated employees and agents, and the associated government officials all reprimanded for the lack of action, poor action, discrimination, poor and lack of proper process in representation of the citizen.

HELP!!  ADD your Complaints about the Virginia DMV and the Warrenton, Virginia DMV Customer Service Center (and it’s employees).