Posted On: August 6, 2009 by Shouse Law Group

When Should Medical Conditions Cost People Their Drivers Licenses?

The California DMV reserves the authority to revoke the driving privileges of anyone determined to be unable to drive safely. One such category of drivers is people with medical conditions that impair their driving skills…such as epilepsy, macular degeneration and some forms of diabetes.

Before a person can receive a driver’s license suspension for a medical condition, the DMV must first conduct a hearing. This is referred to as a “reexamination” or “lack of skills” hearing. A DMV hearing officer interviews the driver, reviews all the medical evidence, and sometimes conducts written and driving tests.

Revoking driver’s licenses for people with medical conditions involves balancing two competing policy objectives. On one hand, our society is committed to equal access and equal opportunity for people with disabilities. And driving privileges can be vital to one’s ability to earn a living, run errands, care for children, and participate fully in our community and economy. A person with disability already suffers adversity in life. Not being able to drive only compounds that adversity.

On the other hand, driving with certain medical conditions really does create a safety hazard…for the driver and for everyone else on the road. An epileptic who suffers a seizure on the freeway may cause a deadly accident. A person with macular degeneration may not see a pedestrian at night. These situations can be at least as dangerous as drunk driving.

The DMV tries to strike a balance between respecting the rights of all citizens, especially those with disabilities, and the need to keep highway travel safe. But in some cases, these two objectives can be mutually exclusive.

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