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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33380
Experience:  Began practicing law in 1992
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I am trying to find out if Georgia has a state law as to

Customer Question

hi Pearl
JA: What state are you in? It matters because laws vary by location.
Customer: I am trying to find out if Georgia has a state law as to restrict driving for a period of time following a seizure
JA: Has anything been filed or reported?
Customer: just to a hospital
JA: Anything else you want the lawyer to know before I connect you?
Customer: not now i just want to find out if I am restricted from driving for a certain period of time
Submitted: 8 months ago.
Category: Legal
Expert:  Dwayne B. replied 8 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 8 months ago.

Yes, a person must be seizure free in GA for six months before they are allowed to drive. [GA. COMP. R. & REGS. r. § 375-3-5-.02(2)(c) (2010); GA. CODE ANN. § 40-5-35(a) (2010)]. A person who has only nocturnal seizures may be eligible for a limited license (e.g., daylight driving only) even if he or she has been seizure-free for less than 6 months. [§ 375-3-5-.02(2)(c)]. The Department of Driver Services may require periodic medical reports as a condition of licensing. [§ 375-3-5-.10]. The medical information submitted is initially reviewed by a member of the Driver’s License Review Board. [§ 375-3-5-.10 (2)]. If there is a question whether to issue a license, the information is reviewed by the Driver's License Advisory Board.

The issue then becomes how would the government find out. Doctors aren't required to report when someone has suffered from seizures in GA but a doctor's failure to report this can open them up to liability if a person has a wreck due to a seizure and the doctor or medical provider cannot be sued for reporting a patient's seizures and therefore the insurance of many doctors requires that they report anyone that has seizures and a failure to do so means the insurance doesn't provide coverage.

Customer: replied 8 months ago.
a doctor not a hospital has to report it to the state, is that correct?
Expert:  Dwayne B. replied 8 months ago.

No, actually neither is require by the state to report it but most are required by their insurance company to report it and any medical provider (doctor or hospital) cannot be sued for reporting it.