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Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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I had a traffic accident on June 4th. i lost focus or

Customer Question

I had a traffic accident on June 4th. i lost focus or consciousness on the freeway going about 5 mph in start-and-stop rush hour traffic I hit the car next to me. My license is suspended because the reason for my loss of consciousness is unknown. Actually, it was because I had been sleeping poorly since my wife's passing on April 1st. I must have been exhausted although I didn't feel any more tired than usual. My doctor filled out the required medical form to show this is not a recurring condition.
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.

It sounds like you are a candidate for the most lax form of medical probation for your Driver License in California. Your doctor's note should work to restore you license and you may have a 6 month probation attachment to the license. If nothing happens within that period of time to show this to be a recurring issue, then your license will be cleared of probation or any restriction.

Here is what the California DMV has to say about this issue:

Medical Probations

The department has the authority under Vehicle Code Section 14250, to place a person's driving privilege on probation in lieu of suspension or revocation. A medical probation allows the department to monitor the driver's medical condition on an ongoing basis.

There are two medical probations that are appropriate for drivers with lapse of consciousness disorders, Medical Probation Type II and Type III.

Placing a person on medical probation allows drivers with controlled epilepsy and other disorders characterized by a lapse of consciousness to continue driving. A medical probation is only to be used when control of a lapse of consciousness disorder has been achieved for at least three months.

  • Medical probation Type II is for drivers who have achieved three to five months of control. The driver is required to authorize his/her treating physician to complete the Driver Medical Evaluation (form DS 326) and submit it to the department on a prescribed basis.

The decision to place a driver on Medical probation Type II should be based on a combination of considerations. The main factors include but are not limited to:

  • Seizure type
  • Seizure manifestations
  • Seizure, medical and lifestyle history
  • The seizure-free period prior to the last episode
  • Medical probation Type III is for drivers who have achieved six or more months of control, but due to contributing factors there is a slight possibility of another seizure. Medical probation Type III requires the driver to report, in writing, on a regular basis to the department on the status of his/her disorder. The Medical Probation Reporting form (DS 346) is used by drivers on Type III probation, and the driver must sign the form under penalty of perjury under the laws of the State of California that the information provided is true and correct. (See Appendix B.) The decision to place a driver on Medical probation Type III should be based on the driver's medical history and established reliability. The main medical factors to consider include, but are not limited to:
  • Seizure type
  • Seizure manifestations
  • Seizure, medical and lifestyle history
  • The seizure-free period prior to the last episode

The major reliability factor to consider is the driver's likelihood of complying honestly. Medical Probation Type III should be considered self-monitoring and should not be imposed if the driver has exhibited past evidence of:

  • Noncompliance
  • Withholding information from a physician or the department
  • Inconsistent statements

No probation is needed for drivers who have achieved six or more months of control and there are no coexisting medication conditions that would aggravate the driver's seizures or impair the driver's ability to safely operate a motor vehicle.

The department has the authority under Vehicle Code Section 14251 to terminate or modify the conditions of probation whenever good cause exists. If it appears that a driver's lapse of consciousness disorder has become unstable or it is suspected that the information reported is fraudulent, the driver will be requested to have his/her physician complete a Driver Medical Evaluation. If necessary, a reexamination will be scheduled or an immediate suspension of the driving privilege imposed.

You need to take your note to the DMV and request they either clear the license completely or place you on the most basis probation status available. They should comply in view of you doctor's note.

Let me know if you have any other questions.

Please also rate my answer positively (4 or 5 stars).

Thank you and my condolences on the loss of your wife.

Best wishes!

Expert:  Delta-Lawyer replied 1 year ago.
Did you have any additional questions or comments? I want to make sure you are as comfortable as possible as you move forward. Thanks