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Thread: Unsafe driver

  1. #1
    flaconcerned is offline Junior Member
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    Unsafe driver

    Florida
    An elderly relative was reported to DMV for being an unsafe driver due to medical problems. DMV investigated and has now suspended the relative's license. The relative is ANGRY and is demanding that DMV provide the name of the person who sent in the report. DMV says that any physician or person who feels a driver is unsafe is authorized to report and they will investigate to see if the allegations are true. DMV also says that all reports are kept confidential and that the relative will not be allowed to know who made the report. DMV has also told the relative that they will not give out the info. Relative says he is going to get an attorney to find out who made the report. Is the reporting person truly safe in that DMV will not divulge that info?
  2. #2
    I_Got_Banned is offline Senior Member
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    Quote Originally Posted by flaconcerned View Post
    Florida
    An elderly relative was reported to DMV for being an unsafe driver due to medical problems. DMV investigated and has now suspended the relative's license. The relative is ANGRY and is demanding that DMV provide the name of the person who sent in the report. DMV says that any physician or person who feels a driver is unsafe is authorized to report and they will investigate to see if the allegations are true. DMV also says that all reports are kept confidential and that the relative will not be allowed to know who made the report. DMV has also told the relative that they will not give out the info. Relative says he is going to get an attorney to find out who made the report. Is the reporting person truly safe in that DMV will not divulge that info?
    Section 322.126 of the Florida Statute:

    Report of disability to department; content; use.
    ó
    (1) For the purpose of the reports authorized by this section, the Department of Highway Safety and Motor Vehicles, assisted by the Medical Advisory Board, shall:
    (a) Define mental or physical disabilities affecting the ability of a person to safely operate a motor vehicle.
    (b) Develop and keep current coded restrictions to be placed upon driversí licenses of persons who are required to wear medical identification bracelets when operating a motor vehicle.
    (2) Any physician, person, or agency having knowledge of any licensed driverís or applicantís mental or physical disability to drive or need to obtain or to wear a medical identification bracelet is authorized to report such knowledge to the Department of Highway Safety and Motor Vehicles. The report should be made in writing giving the full name, date of birth, address, and a description of the alleged disability of any person over 15 years of age having mental or physical disorders that could affect his or her driving ability.

    (3) The reports authorized by this section shall be confidential and exempt from the provisions of s. 119.07(1) and shall be used solely for the purpose of determining the qualifications of any person to operate a motor vehicle on the highways of this state. No civil or criminal action may be brought against any physician, person, or agency who provides the information required herein.

    (4) No report forwarded under the provisions of this section shall be used as evidence in any civil or criminal trial or in any court proceeding.


    "Shall be confidential" means "MUST be confidential"... So you're safe.

    ETA: Oops, I meant the relative is safe.
    Last edited by I_Got_Banned; 09-14-2010 at 02:32 PM.
  3. #3
    flaconcerned is offline Junior Member
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    That is what I thought, and I had read that on the DMV website, but I just wasn't sure if an attorney could somehow DEMAND the info from DMV. DMV would not have suspended the license if they didn't feel, after doing a medical review, that the person was safe to operate a vehicle. Thanks for the help!
  4. #4
    I_Got_Banned is offline Senior Member
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    And just as an added FYI, here's link to section 119.07(1) of the FL statute.

    [url=http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0119/Sections/0119.07.html]Statutes & Constitution :View Statutes : Online Sunshine[/url]

    Pay special attention to subparagraph (d) of subsection (1) which states:

    (d) A person who has custody of a public record who asserts that an exemption applies to a part of such record shall redact that portion of the record to which an exemption has been asserted and validly applies, and such person shall produce the remainder of such record for inspection and copying.


    So, the elderly relative can in fact request and receive a copy of the report, however, the portion of the record (meaning the identity of the reporting party) "shall be redacted" as in edited out or deleted (covered up)....
  5. #5
    Hot Topic is offline Senior Member
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    The relative's outrage that someone "ratted him out" cements the fact that he shouldn't be driving. Hold your ground.

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