Well it’s a new year and Conviction Solutions is still here. Actually we’re busier than ever which is why this blog has not been very active…
Anyway, wanted to post here we recently had the opportunity to help with something a little different: a case of a suspended driver’s license due to a lack of an updated medical report which arose from the Department of Motor Vehicle’s belief that the individual had epilepsy which affected the ability to drive. It was a time sensitive matter but with our previous and extensive State of Nevada government experience we were able to get up to speed and handle the matter.
Little background – in Nevada, if the DMV receives information from a doctor (or really virtually any source) that there may be a concern over your ability to drive safely, they can require a yearly medical letter from a doctor that says whether you can in fact drive safely. This can arise in cases of epilepsy, but the Nevada law on the topic is really broad and basically covers any medical condition where there is a risk of a seizure or loss of consciousness. In particular, where there has been a seizure or loss of consciousness within a rolling three year period, the letter yearly letter requirement can be imposed by law. While keeping the roads safe is a noble goal, if you are the target of this requirement you might rapidly find that it is a pain in the butt – the time and expense of getting a yearly medical check in this era of skyrocketing insurance costs (if you even have insurance) can make compliance an expensive headache.
This is all the more true if you in fact feel you are not a medical risk to pass out while driving. To get to the point, we attended the administrative hearing at the Nevada DMV. The hearing is presided over by one of the DMV’s own administrative law judges, and generally follows a relaxed trial protocol: You are allowed to make a brief opening statement, present documents and witnesses, and generally make your case. We are proud to say we were able to get the driver’s license reinstated. How can this be? Amazingly, the DMV had mixed the individual’s paperwork up with someone else. Unfortunately, due to “policies” the DMV refused to provide any of its evidence prior to the hearing, so we were not able to identify this error until the time of the hearing. But the important part here is that such errors do happen and you can win if it happens to you.
If you or a loved one is facing a similar driver’s license issue, we may be able to help. Of course, each case is different and any statement of past results does not guarantee, warrant, or predict future cases.
