The Department of Motor Vehicles is charged with ensuring that those who drive on the city streets are able to do so in a safe manner. Frequently, if the DMV finds out that you had a seizure it will take away your license. Usually the DMV finds out about the seizure when notified by either a law enforcement officer or by a medical professional.
When the DMV wants to take away your license after a seizure, you have the right to be heard. You have the right to present testimony and evidence at a hearing in front of a DMV Hearing Officer. This hearing is called a Physical and Mental (P&M) Hearing. You also have the right to have a lawyer represent you at that hearing.
The most important piece of physical evidence is the doctor’s Medical Evaluation. Your doctor will have evaluated your medical condition. The doctor will fill out the DMV’s Medical Evaluation forms. The forms ask the doctor to explain what caused the seizure, what medications you are taking to prevent any further seizures, and whether, in the doctor’s opinion, you will be able to safely drive a vehicle. You have the right to see this Medical Evaluation. The DMV will base its decision largely on the information found in this Medical Evaluation.
The second most important evidence is your own testimony. Your chances of getting your license back increase greatly if you testify in your favor. Sometimes doctors will write in the Medical Evaluation that you should do certain things to prevent a seizure, such as take prescribed medication regularly, eat well, maintain a consistent sleeping pattern, etc. The DMV Hearing Officer will want to hear you say that you are following, and will continue to follow, the doctor’s recommendations.
We recently had a client who had her license suspended for the third time, after having her third seizure. She had gone years without a license because of the seizures. It had disrupted not only her own life, but her husband’s, daughter’s, and parent’s lives. We went to the DMV hearing and got her license back. She was allowed to drive home from the DMV office that very same day. We only wish she would have called us sooner.
I invite you to call Wallin & Klarich to talk about your situation. We can explain the steps you need to take to get your license back. We can talk to the DMV for you, so that you don’t have to. We have handled many P&M hearings and we are extremely successful. We can help you get your license back. Check out our website at www.wklawdmv.com or call us at 888-280-6839.