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Maverick, Attorney
Category: Legal
Satisfied Customers: 5749
Experience:  20 years experience as a civil trial and appellate lawyer
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I had 2 seizures in my life... 6 years ago and 6 months

Customer Question

I had 2 seizures in my life... 6 years ago and 6 months apart following open heart surgery when blood flow was stopped for 9.5 minutes thru freezing to insert an aortic valve and graft the aorta to repair an aneurysm. I have since been taking medication without seizure. This Saturday night, I had another seizure while on my couch watching football...I had forgotten to take my medication. I was taken to ER and released after taking my medication.. No after effects. Does this incident exclude me from driving in Florida?
JA: Has anything been filed or reported?
Customer: Yes, the ER produced a report of my visit that lasted 2-3 hours.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes, my wife had me transported by ambulance to the ER, but I was awake and answered all questions asked of me in the ambulance and also at the ER. However, I don't remember the short incident on the couch where my wife said I was thrashing around without responding to her.
Submitted: 1 month ago.
Category: Legal
Expert:  Maverick replied 1 month ago.

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Expert:  Maverick replied 1 month ago.

The law that tends to speak to this is FLA. ADMIN. CODE ANN. r. 15A-5.002 (2011)]. It states that

applicants with chronic recurring seizures, or those who have been treated for such within one year, and medications have been discontinued are not eligible to have their licenses issued for a two year seizure-free period. Medications should be continued through a three year seizure-free period. If discontinued, the person is not permitted to drive during the period of drug withdrawal and within the subsequent three month period.

It appears to me that since your most recent seizure was caused by a one time incident where you forgot to take the medication as opposed to a discontinuance of the medication, you should still be permitted to drive.

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