[MI] Can driving privileges be restricted if a doctor believes a single alcohol-related seizure could recure?

MI Legal (General)

Richard

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Current Status of Driving Privileges: If you haven't received any formal notification from the DMV or any other authority about your driving privileges being suspended or restricted, it's likely that your license is still valid. However, it's crucial to verify this to avoid any legal issues.
Verify Your License Status: To be absolutely sure, you should contact the Michigan Secretary of State's office or check online through their website to confirm the status of your driver's license. This will help you avoid any potential legal problems if your license has been suspended without your knowledge. (MI Comp L § 257.320a)
Considerations Before Driving: Even if your license is technically valid, consider the medical advice you've received. If your neurologist has concerns about your ability to drive safely, it might be wise to address these concerns first. Driving against medical advice could have implications if an incident occurs.
Legal Advice and Appeal: If your driving privileges are eventually restricted, you have the right to appeal the decision. This process typically involves presenting additional medical evidence or testimony to support your case.

Request for Driver Evaluation (DA-88)

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Can my neurologist refuse me to plead my case?

Lexi, Chatbot

I understand that dealing with medical and legal issues can be quite stressful. Can you tell me more about the specific case or situation you're facing with your neurologist?

I had a seizure at the end of last year which restricts my driving privileges for both a normal license and my class A CDL, but there was a bill passed last year that my situation should be covered by to waive the restrictions. But due to the seizure being caused by alcohol, which we found me to be allergic to, the neurologist deemed it likely to recur and deemed me unsafe to drive. But in order for it to be unsafe to drive, that means I would have to be driving under the influence of a substance I'm allergic to, so where I believe the problem is, is that they are assuming I'll drink again and break the law in doing so and treating me like an alcoholic (I rarely ever drink, this situation was the only time last year that I had been intoxicated and it was for a specific event).

Lexi, Chatbot

Have you already attempted to discuss this issue with your neurologist, and if so, what was their response?

They would not let me plead my case and said that there is no disputing it and that was their final answer. I have tried setting up another appointment to plead my case and they denied it, saying they have no interest in further consulting the case.

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your driving restrictions.

Yes.

Richard

Hello. My name is Richard and I have been a licensed attorney for over 25 years and hope to be of assistance. Please be advised that this website is for information purposes only and I cannot formally represent customers of this website or perform actual legal services on your behalf. I understand your neurologist has refused to let you plead your case regarding driving restrictions after a seizure caused by an alcohol allergy. Could you tell me more about any steps you've taken so far regarding this situation?

Could you let me know which state or jurisdiction you're in? This will help me understand the legal context better.

I am in Midland, Michigan.

Richard

Have you considered seeking advice from another neurologist or medical professional regarding your ability to drive? This might help in presenting a different perspective to the authorities.

The doctor that has to clear me to go back to work said it would be best to try and change the original neurologist's mind than to get a second opinion, but she will not let me express my concerns. If I get a second opinion, it can be harder for my work doctor to clear me with different opinions.

Richard

Have you received any formal documentation or communication from the DMV or any other authority regarding your driving restrictions? This could include letters, notices, or any official documents.

I have not. I changed my address on my license as I lost my house from this situation, and they never said anything about it being suspended or restricted.

Richard

Based on your situation, there are several legal arguments and considerations in Michigan that could potentially support your case:

Medical Fitness to Drive: In Michigan, the Secretary of State has the authority to suspend or restrict a driver's license if a person is deemed medically unfit to drive. This decision is often based on medical reports from healthcare providers, like your neurologist.

Seizure Disorders and Driving: Michigan law requires that individuals with seizure disorders be seizure-free for a certain period before they can be considered for driving privileges. However, if a seizure is caused by a specific, non-recurring event, like an allergic reaction, this might be a point of contention.

Right to Appeal: If your driving privileges are restricted or suspended, you generally have the right to appeal the decision. This process often involves providing additional medical evidence or testimony to support your case.

Medical Privacy: Your medical information is protected under privacy laws, and any decision regarding your driving privileges should be based on accurate and current medical information.

Let me know if you have any questions or clarifications, if not I'll move forward with guidance.

If I haven't been notified that my driving privileges have been restricted and the neurologist did not report my seizure, are my privileges suspended? If not, can I resume driving?

Richard

Current Status of Driving Privileges: If you haven't received any formal notification from the DMV or any other authority about your driving privileges being suspended or restricted, it's likely that your license is still valid. However, it's crucial to verify this to avoid any legal issues.
Verify Your License Status: To be absolutely sure, you should contact the Michigan Secretary of State's office or check online through their website to confirm the status of your driver's license. This will help you avoid any potential legal problems if your license has been suspended without your knowledge. (MI Comp L § 257.320a)
Considerations Before Driving: Even if your license is technically valid, consider the medical advice you've received. If your neurologist has concerns about your ability to drive safely, it might be wise to address these concerns first. Driving against medical advice could have implications if an incident occurs.
Legal Advice and Appeal: If your driving privileges are eventually restricted, you have the right to appeal the decision. This process typically involves presenting additional medical evidence or testimony to support your case.

Is there any way that my original neurologist is obligated to discuss the situation to change her mind? Or would it be best to seek a second opinion? If my seizure was not part of a recurring event and she says it is, and that's why she's holding restrictions in place, what can I do about that? The seizure was caused by alcohol.

I greatly appreciate your help!

Richard

Your neurologist isn't legally obligated to change their opinion or discuss the situation further if they believe their assessment is correct. However, you have the right to seek an opinion from another medical professional. This could provide you with additional support or a different perspective on your situation.

If your seizure was a one-time event caused by alcohol, and not part of a recurring condition, presenting this information to another neurologist might help in getting a more favorable assessment. You can then use this opinion to appeal any restrictions if they are imposed.

I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.

Thank you!

Richard

No problem.

Richard

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