The 90-year-old driver whose car jumped a curb in downtown Menlo Park and pinned twin 6-year-old boys against the wall is without a license -- at least for now.
One twin emerged from the crash with a broken arm, while his brother remains in serious but stable condition at Stanford Hospital following several hours of surgery after the Oct. 17 accident.
Menlo Park Police Cmdr. Dave Bertini said officers took the license and issued a priority re-examination notice. The driver "has five business days to contact the DMV office of driver safety to set up an appointment to be retested. If he does not do so his license would be suspended."
The police department does not currently know if the driver has followed through, he said.
Police are refusing to identify the driver at this point, which is standard practice when someone has not been charged. Police would not confirm anything about his occupation.
California doesn't have separate licensing standards for senior drivers, according to the Department of Motor Vehicles, but instead looks at every driver's mental and physical ability to comply with traffic laws.
The driver, a Woodside resident, was in a silver 2012 BMW SUV outside the Walgreens on Santa Cruz Avenue when he may have hit the accelerator instead of the brake, according to witnesses.
Options for charging him are limited by law, as he did have a valid license and wasn't under the influence of alcohol or other drugs, police said. The driver could be charged with an infraction for driving on the sidewalk if found to be at fault, but the district attorney will decide whether to press charges.
Cmdr. Bertini said that does not preclude the possibility of a civil lawsuit.
Police ask that witnesses call 330-6300.