CALIFORNIA PASSES SAFE DRIVING ACT MODELED AFTER MISSOURI'S
LAW:
The new law effective January 1, 2001 is called the Brandi
Mitock Safe Drivers Act.
Its 15-year-old namesake was killed in a crosswalk in November
1998 by a 96-year-old driver with a history of strokes.
The law addresses drivers with impairments of the ability to
drive safely and allows any interested party to provide input
to the Department of Motor Vehicles. It requires the DMV to
determine a driver's ability to drive and hold a license. The
DMV can suspend, revoke or restrict the license. The decision
can be reexamined by a request of the driver, or a report from
a local health official. The law can also restrict a license
to any individual who has corrected vision of 20/200 or worse.
Like the Missouri statute, reports to the DMV are based on
personal observation or physical evidence that the driver in
question has an impairment to safely operate a motor vehicle.
Also similar to the Missouri law, there is no age bias drawn
into the law, and there is immunity from prosecution for the
reporting party as long as the report was made in good faith.
The California law also requires the DMV to establish a task
force to analyze potential sources of funding and modes of transportation
for persons who have lost their license for failure to pass
a visual test or a written or road test.
CARD assisted Marijane and Mark Mitock (Brandi's parents) in
their efforts to get the law through the legal process. CARD
founder, Sheldon Suroff, Mr. Mitock and Sen. Hayden appeared
on a Los Angeles radio talk show espousing the need for a new
driving law, and helped the Mitocks in letter writing campaigns
to the Governor and state legislators.