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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
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Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My New Jersey licence was suspended 20 years agao because ...

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My New Jersey licence was suspended 20 years agao because someone reported that I had Epilepsy and they had me get a medical clerance. That was completed however it was ordered for a second time and I was not notified, my licence was then suspended again. I went to court, resolved it and left the country for 10 years. When I returned my licence was again suspended. I went to New Jersery and cleared it and got my licence in my state where I reside. Now New Jersery is requesting 3000.00 to reinstate my Florida licence. Please this is enough! Help... I didn''t commit any crime and 20 years later I''m still dealing with this. Please tell me what I can do. Without paying for something I didn''t do wrong.
The laws determining which medical conditions disqualify someone from obtaining a driver's license vary from state to state. In many states, the laws have become more liberal in recent years, resulting in fewer restrictions for people with epilepsy. The laws are written to protect public safety and to grant the privilege of driving to people who are the least likely to have an accident. Compared with those of most European nations, however, our driving restrictions are quite liberal. In some European countries, for example, a single tonic-clonic seizure in adulthood prohibits holding a license for the rest of the person's life.

Many people do not recognize that absence or complex partial seizures while driving can be just as dangerous as tonic-clonic seizures. Furthermore, the risk of injury or death is not restricted to the driver and passengers but applies to pedestrians and people in other vehicles. Studies have shown that the rate of motor vehicle accidents for people with epilepsy is higher than the average rate, but nowhere near the rate for those who drink and drive. In some cases, accidents involving epilepsy are caused by people, especially men, who are driving without a license or who fail to report their epilepsy when applying for a license.

To obtain a driver's license in most states, a person with epilepsy must be free of seizures that affect consciousness for a certain period of time and may be required to submit a doctor's statement of opinion that the person can drive safely. The seizure-free period varies from state to state. The recent trend is away from requiring an "absolute period" of being seizure-free toward a shorter interval of freedom from seizures. Although some states still require a period of at least 1 year during which the person with epilepsy is seizure-free, most consider exceptions that would permit someone to drive after a shorter seizure-free interval. A recent conference of professional and lay epilepsy organizations recommended a seizure-free period of 3 months for driving privileges. In some states, the doctor who cares for the person with epilepsy must fill out a form stating that it is safe for the person to drive and recommending licensure. This recommendation is used as one of several factors in making a decision. In states that do not require a specific seizure-free period, the doctor's recommendation often carries considerable weight.
The review and decision process

In most states, the medical information submitted by the applicant and the doctor is reviewed by personnel in the state's department of motor vehicles (or equivalent department). In complex cases, or those in which the decision is uncertain, the information is usually forwarded to a consulting doctor or the state's medical advisory board. Most states have such a board, which may also hear appeals concerning decisions to deny or revoke drivers' licenses.

Decisions made by the motor vehicle department can be appealed by requesting an administrative hearing before the medical advisory board or another designated body. If the administrative decision is not favorable, the applicant can request a review by a judge. Such requests must be made within a specified period.

In some states, someone with persistent seizures may be allowed to drive if the seizures do not impair consciousness or control of movement, occur only during sleep, are consistently preceded by an aura, are restricted to a certain time of the day (such as within an hour after awakening), or occur only when the antiepileptic medications are reduced or stopped on the advice of a doctor. A letter from the doctor confirming the presence and consistency of these features is often required by the state motor vehicle agency. If a driver's license is revoked because of a breakthrough seizure surrounded by extenuating circumstances (reduction of medication on a doctor's advice or unusual stress such as the death of a loved one, for instance) the driver may appeal the decision, as described earlier. Evidence that the person takes the prescribed medications is often required, and the level of the antiepileptic drug in the blood is usually provided as confirmation of compliance. In many states, persons who do not meet the requirements for a regular driver's license may be granted a restricted license. This license may allow a person with epilepsy or other disabilities to drive under certain conditions, such as during daytime only, to and from work within a certain distance from the home, or only during an emergency.

Maintaining a driver's license

Most states that grant drivers licenses to people with epilepsy require periodic medical reports. These reports document that seizure control has not deteriorated and that the person is taking or does not need to take medications. If the seizures have stopped or have been controlled for more than 3 to 5 years, most states will no longer require periodic medical reports.

Regardless of the reporting requirements, if seizures recur and impair consciousness or control of movement, it is imperative to stop driving and consult the doctor, who may be able to suggest changes in lifestyle (such as more sleep) or adjustments in medications that may restore seizure control.
Potential liability and physician reporting

A person with epilepsy may be civilly or criminally liable for a motor vehicle accident caused by seizures. Liability may occur when a person drives against medical advice, without a valid license, without notifying the state department of motor vehicles of the medical condition, or with the knowledge that he or she is prohibited from driving.

A small number of states have "mandatory reporting laws" requiring that doctors report persons with epilepsy and other disorders that may make driving hazardous. These laws generally order the doctor to notify the department of motor vehicles of the person's name, age, and address. In these states, doctors may be liable for negligence if they fail to report a person with epilepsy who is later involved in a motor vehicle accident. In states without such laws, however, the question of whether a doctor should report a patient who may be driving unsafely presents a difficult conflict between public safety and the doctor's need to respect the privacy of the relationship with the patient. In theory, a physician who reports a patient's condition could be sued for disclosing confidential information. As discussed later, the state of Connecticut has attempted to establish a middle ground in this conflict. In states that do have mandatory reporting laws, the specifics of when a doctor must report someone can be vague. In New Jersey, for example, the law states that the doctor will report any person 16 years of age or older for recurrent convulsive seizures or for recurrent periods of unconsciousness or for impairment or loss of motor coordination due to conditions such as, but not limited to, epilepsy in any of its forms when such conditions persist or recur despite medical treatments. This law is open to some interpretation. For example, it remains unclear what constitutes "medical treatments." The plural usage indicates that more than one treatment has failed to control the seizures but does not specify how many dosage adjustments or medications must have been tried.

Mandatory reporting laws were repealed in Connecticut in 1990. However, if a physician in Connecticut cares for a person whose seizures are so poorly controlled that driving would present a serious risk to public safety, and there is evidence that the person continues to drive, the doctor can report the person with immunity from lawsuit by the patient. Such cases are rare. Connecticut's approach to mandatory reporting strikes a balance between the rights of the individual and the public's safety.

The chief problem with mandatory reporting is that it can interfere with the doctor-patient relationship. In many cases, those who believe that they "must" drive will lie to the doctor about their condition in order to avoid mandatory reporting and potential loss of the driver's license. This is the worst of both worlds: the person is not receiving the best medical care and is driving. If the doctor and patient can work together, the seizures are likely to be better controlled, and the person can drive more safely.

The most common penalty for a physician's failure to report a patient under mandatory reporting laws is a fine, usually ranging from $5 to $50. However, an accident can lead to a lawsuit charging wrongful death or injury, with a large judgment against the doctor. In states that require mandatory reporting, compliance varies widely among doctors.

Doctors who state that it is safe for a person with epilepsy to drive and recommend licensure could also face some liability in case of an accident, although it appears to be minimal. Very few cases have been brought against a doctor by a third party who was injured in a motor vehicle accident allegedly caused by a person with epilepsy. Doctors should not be liable for recommendations made to the department of motor vehicles if their opinions are reasonable and consistent with good medical care. Some states grant immunity from liability to doctors who make recommendations about driving privileges.

The laws in all 50 states restrict driver's licenses for persons with active seizures that are not controlled by medication and establish rules regarding when and how a license may be acquired. The usual requirements necessitate that a person be seizure-free for a specified period of time, commonly six months, but increasingly three months or more, and have a physician's statement confirming that the individual's seizures are controlled and that if the person is licensed to drive, he or she will not present an unreasonable risk to public safety.

The laws of the state you live in, not your doctor, decide whether or not you have the right to drive. Your doctor should be able to tell you what the current laws are and whether you meet the criteria for driving.

Before getting a license, you may have to provide proof from your doctor that you are receiving treatment and that the treatment has brought your seizures under control. (Remember, too, that some drugs used to control epilepsy may make you drowsy. If you have just started a new drug, avoid driving until you know how the drug will affect you.)

In general, the risk of having a seizure-related traffic accident is greatly reduced in people who have been seizure-free for 12 months. Driving may be safe for some people with epilepsy after a shorter seizure-free period, depending on individual circumstances. People who always have an aura before a seizure begins are also at reduced risk; the aura acts as a warning, which may give a driver time to pull over before the seizure begins. Not taking antiepileptic medication as prescribed (missing a dose, for instance) increases the risk of having an accident, so it is especially important for people with epilepsy who choose to drive to take their medication correctly and on the proper schedule.
Which states require physician reporting?

Six states (California, Delaware, Nevada, New Jersey, Oregon and Pennsylvania) still require physicians to report patients who have seizures to the state, usually to the department of motor vehicles. While these statutes arguably do little to protect the public interest, they have been used to bring civil litigation against physicians who have not reported their patients to the department of motor vehicles, even in cases where patients are compliant and on medication.

Remember, driving has been considered by the Supreme Court and the State Courts to be a privilege and not a right, so the states can be more restrictive with issuing a license. The $3000 sounds very excessive and burdensome and you should contact legal aid in New Jersey and/or the New Jersey State Bar to see about getting an affordable attorney to assist you in getting that fee reduced or waived.

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