Older Disabled Mom Needs Legal Advice, DMV, Order of Suspension/Revocation

Updated on July 15, 2008
F.M. asks from Roseville, CA
5 answers

I became disabled w/ depression and fibromyalgia in 2000and have been on disability since then. I take 7 scrips/day including 1 for insomnia Medco didn't send my sleep med on time and I was out for 2 days. I took all my meds on the 3rd day and 7 hours later about 4 a.m. my husband thought I was thrashing around in bed and he couldn't arouse me and called 911. They treated me and recorded it based on his description as having had a nocturnal seizure or an adverse drug reaction. I saw my primary doctor who referred me to a neurologist. In the hospital and all subsequent tests showed an absolutely normal brain and no evidence of seizure, including an EEG under stress and an MRI to rule out tumors. The neurologist incompletely filled out the paperwork, and just checked the boxes that said, seizure, see back regularly, can't drive from May 23, 2008. When I pointed out that I didn't need to see him regularly,didn't have a seizure, he said there wasn't a box for that and said it didn't matter what he said as to whether they took away my license or not and failed to fill out the second page of the report which allowed a whole page for physician additional comments. Within 2 days of sending in his report, the Dmv suspended my license. Has anyone had this happen to them? I have 2 weeks to appeal this decision. Should I do nothing? Should I appeal? Should I consult a lawyer? Do I need a lawyer? Does anyone know what the DMV protochol is on this is? The neurologist said my brain is normal and there is a slim chance I will ever have another seizure. My internist wants me to review my meds with my psychiatrist to see if some of the doses could be lowered as some of the drugs even if they have anti-seizure properties, could, although rarely, cause seizure, do I consult a special pharmacist? I've lost my connections. My husband is in the hospital and as of tomorrow I can't even drive to see him and that breaks my heart. My life as I know it ceases as of tomorrow. What would you do?

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A.R.

answers from Sacramento on

I worked with a gentleman who was a truck driver for my employer. I handled both WC and DMV issues there so I was very involved in this case. He caused a serious accident and told us and the doctor he'd blacked out behind the wheel. Orignially it was thought that he may have had a seisure. The DMV also revoked his license even though the neurologist cleared him and said there was slim to no chance it would happen again. He took that information with him to the appeal and was able eventually to get his license back. I do not believe he hired an attorney. If you still want to drive and the doctor has cleared you I encourage you to fight the DMV decision. You haven't had an accident so I think that they should take that into consideration as well. Better to be on top of it now then to wait too long and not be able to do anything about it. Good luck!

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T.Y.

answers from Sacramento on

Hi F.: I am sorry to hear of your DMV problem. I work for a personal injury attorney who may be able to either help you out or at least advise you properly. If you have not already discussed this with an attorney and would like to, please call my office today and I will inform my boss you will be calling.
His name is Curtis R. Namba
Namba Law Offices
735 University Avenue
Sacramento, CA 95825
###-###-####
I am his paralegal here.
Good luck if you have already spoken with someone also.

T. Y., Paralegal

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R.P.

answers from Sacramento on

I would appeal the decision with DMV, but have back up or some kind of proof that you are fine. Go see another doctor if you need to to clear it up and get your proof. Get all your reports and tests from the medical personnel to bring to DMV showing nothing is wrong.

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L.P.

answers from Sacramento on

Hi F.,
I have had the same expiernce, except that I do have epilepsy. I was diagnosed many years ago, I have not had a seizure in many years,however for a time DMV did revoke my license. In my case they reinstated it once I had been put on meidication & the doctor felt that I would not have any more seizures. I do know that you can request a hearing with DMV.
You should not need an attorney, the hearings are very informal. They will contact the doctor(usually by phone)and get a statement, weather they felt you needed medication etc...then they will schedule an appt with you. They just basically ask a few questions, such as were you driving at the time of the seizure/or temporary loss of consciousness? Has this ever happened to you before/or since? Do you often feel faint or lightheaded? those types of things. They will usually tape these hearings. Then they review all the info & get back to you in a couple days. They called to tell me it was reinstated, then a couple days later I got an letter in the mail confirming it.
You should have no trouble getting it re-instated. I know how difficult it can be loosing your independance. At the time mine was revoked I had two toddlers, so I depended greatly on friends & family to help out, and to be honest it was kinda nice to be able to visit & spend more time with my friends. So if you just look at it a different way it might not seem so bad, maybe a blessing in disguise?? You never know... Good Luck!!

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A.C.

answers from Sacramento on

I have not ever encountered anything like this, but I wanted to reach out. Losing your license has got to feel like your independence was ripped right out from beneath you and I'm so sorry.

I can't quite tell from your description above what the doctors think is wrong with you. It sounds like the neurologist isn't convinced that your occurance wasn't a seizure. I'd venture to guess that even if he thinks that it's possible you had a seizure, even if it's a slim possibility, he has to fill out the paperwork as such. Let's say he used all the comments to say that you don't have any tumors and another seizure is unlikely, he cannot say with certainty that you won't have one ever again, therefore the safest possible thing would be to not have you driving.

I'd do what your internist is suggesting. Look into the drugs with your psychiatrist to see if your drug cocktail could possibly have caused a seizure. If you find out that is so, then work with your psychiatrist to figure how to keep that from happening again. Then I'd contact the DMV to see what steps you need to take to get your license reinstated.

As for visiting your husband...do you have family, friends or neighbors who can take you to visit him for now? Also, many grocery stores offer e-shopping for your food needs and they will deliver to you.

You can e-mail me directly via mamasource (look below this message and click send a message to A.. If you need help figuring out how to get to and fro or if you'd like somebody to bounce ideas off of, feel free to contact me.

So sorry you are going through this.

A.

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