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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Personal Injury Law
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Experience:  personal injury and medical malpractice attorney
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I had a subdural hematoma and a seizure in july cat scan

Customer Question

I had a subdural hematoma and a seizure in july cat scan shows all healed my doctor said I have no more risk of another seizure than the general population I cannot find definitive answer to my drivin g situation some say 12 months dmv of new Hampshire said its up to my doctor can you help me find out truth
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Christopher B, Esq replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

It basically looks like you can have your license revoked for epilepsy. If it has been revoked, you can get it back after 12 months being seizure free or less by petitioning in writing to the dmv with a hearing set in 15 days to present evidence of how you should be granted a license. Here is where you will present the facts you gave in this questions and possibly an affidavit from your physician.

See below for related rules in new hampshire:

A person with epilepsy may obtain a license if he or she presents a current report covering diagnosis, treatment, prospect for recovery and evidence that he or she has been seizure-free (?free of symptoms?) for a period of 12 months. The department will consider issuing a license prior to an individual being seizure-free for 12 months if the individual submits a current statement of his or her medical history with a statement from the physician that the person's condition and treatment program does not endanger public safety. [N.H. CODE ADMIN. R. SAF-C 205.08]. A license may be suspended or revoked without a hearing because of a person's physical incompetency. [N.H. CODE ADMIN. R. SAF-C 204.02]. If a license is suspended for this reason, the driver, upon his or her written application, shall be granted a hearing within 15 days after filing the application [N.H. REV. STAT. ANN.. § 263-59 (2011)]. A request for a hearing may be made at any time. If the revocation or denial is sustained by the hearing officer, an individual may appeal the decision within 30 days to superior court in the county where the individual resides [N.H. REV. STAT. ANN.. § 263-75, 263-76]. A state hearing examiner along with the Medical Advisory Board review any medical information submitted. N.H. REV. STAT. ANN. § 263:b-6]. Restricted licenses are available. [N.H. REV. STAT. ANN. § 263:13]. Physicians who supply information to the DMV are not immune from liability for damages arising out of an accident caused by a seizure.

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