When is “too old” to drive?

Last week, a 91-year-old driver lost control of her Tesla in the Trader Joe’s parking lot at 3rd & Fairfax. One person was killed, and several were injured.

This incident follows one last month, where an elderly driver crashed into a school building in Glendale. And in February, a 92-year-old driver lost control and crashed into the 99 Ranch Market in Westwood. Three people were killed.

Those who reside in Los Angeles may also remember when 86-year-old George Weller lost control of his car and plowed into the Santa Monica Farmer’s Market in 2003, killing nine people.

These cases raise an important, yet sensitive question: When is someone too old to drive?

Believe it or not, the California DMV does not have an automatic age limit to revoke elderly drivers’ ability to drive.

Once a driver reaches 70, the driver must renew his or her license in person at the DMV. A vision test will be administered, and generally the license is valid for 5 years. Even when an elderly driver has a valid license, many factors can trigger the DMV to re-examine that driver’s suitability to drive.

If a driver has three or more accidents within a 12 month period, this will trigger an automatic re-examination. Drivers are required by law to inform the DMV of every traffic collision using an SR-1 form. This is required for minor collisions too.

Medical professionals are required by law to inform the DMV if a patient suffers from cognitive impairment. This includes diagnoses for disorders characterized by loss of consciousness, Alzheimers, or any other loss of control that a physician deems could affect the patient’s ability to safely operate a vehicle. Emergency medical personnel who treat a patient in an emergency for any of these conditions, or for sudden loss of consciousness, awareness, or control, must also notify the DMV.

Law enforcement can also trigger DMV re-examinations for elderly drivers. This usually happens when an officer pulls over a driver and observes the driver to be confused or cognitively impaired, or during the follow-up investigation for a traffic collision. On one recent case, an elderly driver in his early 80s who was stopped at a green light for a prolonged period was pulled over, cited, and referred to the DMV for a driver safety re-examination.

Family members or friends can also submit a request for driver reexamination for an elderly relative or friend they believe can no longer drive safely. Using the DMV form DS-699, concerned individuals can complete the form and submit it to a local DMV safety office. The form has multiple options to check off that explain why the submitter believes the driver should be reexamined. Importantly, the DS-699 form can be submitted confidentially.

Once the DMV Traffic Safety Office accepts the referral, the DMV will appoint a Driver Safety Hearing Officer to provide notice to the driver and conduct an evidentiary hearing. Different options are available to the Hearing Officer based on the evidence in each particular case. A driver may be placed on probation until a medical clearance is obtained. On another recent case, an elderly driver with cataracts was placed on probation until he provided proof from his eye surgeon that the cataracts were repaired and the patient could pass a vision test. Attorneys are permitted to participate in the process to make sure the rights of elderly drivers are protected.

It is always difficult for family members facing a situation with a loved one who should not be driving anymore. Nobody wants to take the keys—and independence—away from an elderly relative or friend. Nevertheless, there are circumstances when this must be done for the safety of the driver and everyone else on the road. 

Age alone is not enough for a driver to lose driving privileges. The DMV examines drivers 70 and above more thoroughly, and these examinations must be done in person every 5 years. Medical professionals and law enforcement are instrumental in helping the DMV determine when someone should be reexamined, or not driving at all.

As the baby boomer generation continues to age, family members and friends can also play an important role in making sure our roads, and seniors, stay safe.

For questions about your case involving an elderly driver, my office is ready to assist, 24/6.

[A variation of this article appeared in the Los Angeles Daily Journal on August 27, 2026.]