11.17.08.02

.02 Factors to Consider.

The following factors may be considered by the Motor Vehicle Administration in the review or decision-making process upon receipt of applications for reinstatement:

A. Complete driving record history. The following apply:

(1) In reviewing convictions, offenses, and accidents, the following points shall be considered:

(a) Nature and seriousness of offenses;

(b) Degree of hazard or other aggravation indicated by court actions;

(c) Repetition and frequency of offenses;

(d) Accident involvement—the degree of seriousness in terms of fatalities, personal injury to the applicant or others, and property damage.

(2) After considering the sequence, pattern, nature, and the seriousness of offenses, the Administration shall consider:

(a) The number of violations reported in the last 2 or 3 years of driving history;

(b) The intervals between violations;

(c) The distribution of violations—consistent or sudden problems after a long period of good driving;

(d) Repeated involvement in the same type of violation;

(e) Possibility of physical or mental deficiencies on the part of the driver which would account for accidents;

(f) Indication of alcohol or drug abuse, or lack of physical ability, knowledge, or skill to drive safely which may predict future offenses or accidents, or both.

B. Information reported from other sources, including:

(1) Convictions, dispositions of probation before judgment, and any arrests pending dispositions of the court relating to:

(a) Drug use or drug addiction, whether or not involving a motor vehicle,

(b) Drunkenness or crimes resulting in drunkenness whether or not in a motor vehicle, or

(c) Felonies involving a motor vehicle;

(2) Recommendations for driver reexamination filed by law enforcement because of irrational behavior, apparent physical or mental disability or incompetence, or other reason;

(3) Reports or recommendations from probation officers, social workers, drinking driver monitors, or all of these;

(4) Reports of violations of license suspensions, revocations, or restrictions in other jurisdictions;

(5) Reports or recommendations, or both, from courts, hospitals, health departments, treatment facilities, physicians, psychologists, and counselors or other health care practitioners;

(6) Information from the applicant's family, friends, or neighbors concerning the applicant's mental or physical condition;

(7) Conviction of defaced, mutilated, altered, or fraudulent licenses;

(8) Reports of continued driving during revocation period;

(9) Accident investigation reports by law enforcement or insurance companies;

(10) Information from present or previous employers, local police departments, local bars, restaurants, drugstores, or other sources;

(11) Reports, recommendations, or decisions from administrative law judges employed by the Office of Administrative Hearings.

C. Internal records, including findings, reports, alcohol assessments, or recommendations, or all of these, from the medical advisory board, or other sources within the Administration.