PETER F. IOCONA - ATTORNEY AT LAW
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PETER F. IOCONA
ATTORNEY AT LAW

22982 LA CADENA DR #239
LAGUNA HILLS, CA. 92653




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23152 VERDUGO DR #201
LAGUNA HILLS, CA. 92653

 



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ALAN CASTILLO AND PETER F.  IOCONA BOTH SELECTED AS ONE OF ORANGE COUNTY'S TOP-RATED DEFENSE ATTORNEYS

Top-Rated OC DUI Attorney


PETER F. IOCONA: RATED BY "SUPER LAWYERS" 2015-2016


Super Lawyer Rated - Peter F. Iocona


PETER F. IOCONA SELECTED AS ONE OF THE "TOP 100 TRIAL LAWYERS" BY THE NATIONAL TRIAL LAWYERS ASSOCIATION


Top 100 Trial Lawyers - Peter F. Iocona



PETER F. IOCONA SELECTED AS ONE OF THE TOP CRIMINAL DEFENSE ATTORNEYS





PETER F. IOCONA SELECTED AS ONE OF THE NATION'S TOP ONE PERCENT ATTORNEYS BY N.A.D.C. 


Peter F. Iocona - Top One Percent Rated Attorney


PETER F. IOCONA SELECTED AS A MEMBER OF THE NATIONAL ADVOCACY OF DUI DEFENSE


Nationally Ranked Superior DUI Attorney


FEATURED IN THE "TOP 100" MAGAZINE AS ONE OF THE NATION'S TOP 100 LAW FIRMS



 "MEMBER" OF THE CALIFORNIA DUI LAWYERS ASSOCIATION


DUI Defense Lawyer - California DUI Lawyers Association


"MEMBER" OF THE NATIONAL COLLEGE FOR DUI DEFENSE


DUI Lawyer - National College for DUI Defense


"MEMBER" OF THE DUI DEFENSE LAWYERS ASSOCIATION (DUIDLA)


DUI Defense Lawyer - DUIDLA Member

  
ALAN CASTILLO SELECTED AS 
ONE OF THE "TOP 100 TRIAL LAWYERS" BY THE NATIONAL TRIAL LAWYERS ASSOCIATION



Top 100 Trial Lawyers - Alan Castillo


ALAN CASTILLO SELECTED AS 
ONE OF THE NATION'S TOP ONE PERCENT ATTORNEYS BY N.A.D.C. 


Alan Castillo - Top One Percent Rated Attorney



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PETER F. IOCONA RATED "SUPERB" "10/10" BY AVVO



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DMV PHYSICAL/MENTAL HEARINGS

RATED BY SUPER LAWYERS, ORANGE COUNTY'S TOP-RATED DUI DEFENSE ATTORNEYS

Peter F. Iocona - Top 100 Trial LawyersPeter F. Iocona - Super Lawyers Rated Orange County DUI Lawyer  Peter F. Iocona - Top-Rated DUI Criminal Defense Attorney
 Peter F. Iocona - Top-Rated Orange County DUI Defense Attorney

INDEFINITE SUSPENSION ACTIONS DEPENDING ON MEDICAL CONDITIONS

In addition to DMV "Admin Per Se" or "Administrative Per Se" Hearings, which stem from a DUI Charge, the DMV can also take suspension actions for any alleged "Physical and/or Mental Condition" that "may" affect a person's ability to safely operate a motor vehicle. This can entail almost any type of physical or mental condition and includes the use of any medications a person may take that "may" affect a person's ability to safely operate a motor vehicle. 

A WRITTEN REPORT USUALLY TRIGGERS THE SUSPENSION ACTION

Unless the issue presents itself when a driver appears at a DMV office, there are generally three ways in which the DMV will learn of a potential physical or mental problem with a driver:

  • Civilian submits a written “Request for Driver Reexamination” [Form DS-699] to the DMV concerning a driver’s physical or mental condition, or poor driving habits. Anonymity may be requested, but the DMV is not bound by the request. The reporting party’s connection to the driver is requested so that the DMV can try and determine the basis for the complaint and any ulterior motive the reporting party might have.
  • A Peace officer sends report to DMV requesting reexamination of driver (normally occurs when officer observes erratic driving, or investigates accident, and he suspects there may be a physical or mental disability).
  • Physician submits a report to the local health officer, who in turn files a report to the DMV. A report is mandatory for any driver whose condition is characterized by a lapse of consciousness, which includes Alzheimer’s disease and related disorders. A doctor may report any other condition which he believes, in good faith, will serve the public interest. Health & Safety Code §103900; Title 17 of California Code of Regulations, §2810. Mandatory reports must be submitted by the doctor within 7 days of his learning of the disorder. Id.

 
WHAT WILL BE DISCUSSED AT THE PHYSICAL/MENTAL HEARING

The hearing officer will normally ask the driver questions about their driving history, driving needs, and medical condition (including the use of prescriptive medications). If dementia is an issue, the driver should anticipate some general questions about current their ability to recall certain events. If the person is a diabetic, the driver should expect to answer some general questions about their ability to control the diabetes. See Title 13 of the California Code of Regulations, §110.01, for factors to be considered.

The hearing officer may, and often will, want a “Driver Medical Evaluation” [DS-2326] completed by the driver’s treating physician. If vision is an issue, a “Report of Vision Examination” [DL-62] may also be required.

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