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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118658
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am and have been an Insulin Dependent Type I Diabetic for

Customer Question

Good morning,
I am and have been an Insulin Dependent Type I Diabetic for 52 fully active years. I had a Hypoglycemic event the evening of December 2014. I have developed the "habit" of checking my blood sugar level before operating my motor vehicle and if the drive takes longer than an hour, I check it again (i.e., every hours during motor vehicle operation). I had driven for 9 hours that day for work and upon returning to the office, downloaded the Electrical Engineering field data. By this time I had been awake for 17.5 hours. I left my office but neglected to check my blood sugar level prior to leaving given that I had checked so often during my drive. I stopped and purchased some groceries during my*****home and then continued driving home. I had developed the habit of pulling into my neighbor's driveway to facilitate backing into our driveway (as this allows for a safer roadway access from my driveway). I started to execute my reverse maneuver but had not confirmed the I had selected the reverse gear selection prior to lightly applying pressure to the accelerator. I had actually not changed from drive to reverse and hit my neighbor's car which was parked in her driveway. My neighbor (whose driveway I used) is a very nice elderly women who is also a Type I diabetic who had turned in her license back to DMV a few years ago. I did not know this prior to this unfortunate incident. I was in shock from my lack of correct driving procedure, exhausted from the long day, and, low blood sugar level. She called emergency services who also called the local police. The emergency care provided IV Glucose and determined that by blood sugar level was below 50. After we all exchanged information I backed my vehicle into my driveway, I went inside my home and consumed some protein to maintain my corrected blood sugar level. I later received a notice from DMV in January indicating that my driver's License was going to be suspended until I had a medical examination (and DMV Medical Evaluation Report report) provided by my Primary care (or licensed healthcare responsible) which I needed to return to DMV for evaluation. I also was required to meet with a DMV person responsible to obtain my statement of the event and action taken. I had my Primary Care Physician perform my exam and filled out the DMV form. I provided this form to DMV and met with the DMV "Driver Safety Hearing Officer". She told me she would suspend my DMV License suspension and that I would be on Probation for 12 months which would include ongoing medical examinations with the associated DMV medical examination report every four months. I followed that process with visiting my Primary Care Physician (who is not an Endocrinologist) four months later. The third doctor's visit resulted, unfortunately, in my doctor's office neglecting in sending the DMV medical report to DMV. I again received the DMV license suspended notice. I set up another visit and sent the resulting DMV Medical Report to DMV. I followed that visit by the next sequential medical visit and associated DMV Medical Report which was only a month later (November 2015) following the DMV Medical Report which my physician's office had neglected to send but I had sent later. During 2016 I had to be stationed NON-CONUS for almost 45 days and missed the next scheduled medical visit but went in as soon as possible. I forwarded DMV Medical Report to DMV but was required to have an additional visit with the DMV Driver Safety Hearing Officer. Following this visit I was informed via mail the DMV was suspending my License based on "NOTICE OF FINDINGS AND DECISION" " Your medical information was not favorable". During my most recent statement to the Hearing Officer I noted that I had also had a medical examination with my health care provider Endocrinologist who immediately had set up my exam to have a Continuous Glucose Monitoring device "implanted" to allow for any "abnormal" glucose levels and/or trends to alarm (audible and/or vibration) prior to reaching a pre-set low glucose level being reached. I have completed that exam this past Tuesday (August 2nd) which, had been the date I had provide to my Hearing Officer. I should receive this fairly expensive device this week. I am and have a very responsible (professionally, personally and healthcare) Electrical Engineering professional who needs to be able to operate a motor vehicle as part of my professional services to my employer (and separate contract with DHS/CBP). What, if any, action can I take to maintain my DMV issued driver's license active state?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Your statement above sounds like you have developed many very safe habits. So, since the DMV has decided based on your medical condition you are unsafe to drive, in order to get the license reinstated you are going to need some more medical examination and you will require a medical expert to testify in court, since the hearing officer suspended your license. You would have to get a DMV appeal hearing and then you would have to have the doctor testify to the hearing about your fitness to operate your vehicle. If the appeal is found against you, then your sole remaining option is an appeal to the court to get them to overturn the DMV determination. Unfortunately, driving is a privilege and not a right, so you would have to prove the DMV denial of your license is against the law or contrary to the medical evidence.