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#1
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Driving after a seizure?What is the name of your state (only U.S. law)? Wisconsin Five years ago I suffered a stroke and was informed that I also had a few seizures along with it. I was put on anti-seizure medication for five months and had to see both a neurologist and neurosurgeon. Since my stay at the hospital I have had no seizures since, nor did I have a history of seizures prior. This was a once in a lifetime situation with an easily explainable cause. My neurologist dumped me after five months when he deemed that I no longer needed the anti-seizure meds, and my neurosurgeon held on because he wanted to monitor me during my pregnancy. A couple months after my stay at the hospital for the stroke, I had an appointment with my neurosurgeon who matter-of-factly told me he was going to report me to the DMV and that by law anyone who has a seizure in the state of Wisconsin should not drive for at least 90 days. This was a law I was unaware of, but I took it with stride. By the fourth month after I suffered the stroke I asked my Uncle (a city police officer) when my license was going to be reinstated. He asked me how I knew it had even been suspended and I told him my doctor told me so. He said if I never received a notice from the DMV stating it was suspended, then it was never suspended. So I let it go figuring it was no big deal. Now here I am five years later reading about this online and I'm wondering am I going to get into trouble for this? Because it says I was supposed to go to the DMV and relinquish my license. I didn't know this. The only reason I ask this is because my husband's children live in another state 8 hours away, and he and his ex meet halfway (or four hours away) to exchange the children for visitations. The Court Order states that either party is allowed to designate someone to drive on their behalf if need be. However, the ex states she will not allow me to drive with the children due to my "history of seizures," and requests that I submit to her a letter from a licensed neurologist stating my seizures have ceased and that I am able to drive for short or long distances. My opinion is that if I have a valid driver's license, then I am "ok to drive." However, now that I've learned I haven't gone through all the proper channels, am I going to be in trouble somewhere? According to public records I've never had a seizure or stroke which means it's still a matter of private medical records, right? (which are protected under HIPPA law, right?) So as far as the ex is concerned, I never had a stroke and never suffered any seizures, so there's no need to provide this private information, right? HOWEVER, for her peace of mind, because I'm a mom too, I am willing to provide a small note stating, "The patient above has been seen in these offices. She is ok to drive." But the ex has already indicated that she wants something similar to a report and that a simple little note like above will not suffice, which I refuse to give. SO, is there anything I need to provide to the DMV now, five years later? And aside from anything I willingly submit to the ex, is there anything she is privy to? Or is there a way she can get ahold of any of this information through a court of law? Thank you in advance for any responses. |
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#2
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| you are not required to give mom anything. at all. she has no authority to demand anything from you. ever. however, you should go to the DMV and make sure you license is valid. what appears to have happened is the doctor failed to make the report as he was required by law to do. technically, you are supposed to relinquish your license at the DMV. i've known people to NOT do so, get their license reinstated and nothing happened. i'd imagine the DMV is a bit busy with other matters. the courts may want proof, you can show them if it is ordered, but i'd refuse since i'm not a party to the case. and it would be on mom to prove you are not eligible to drive. btw, this story looks very familiar from mom's point of view....i could swear i've seen this before ![]() |
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#3
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| Yes, I had posted something similar under family law from my POV but decided to pull it because I felt my medical records were my business, period, and that was my answer. I gave way too much info and didn't get to the point with that one. The ex has really been pushing this issue recently, and I was going to simply submit some Wisconsin law literature to her atty indicating that I have a valid DL, therefore I'm "ok" to drive. However, after reading what I found I was worried I may be in trouble somewhere down the line with the DMV where I live, which is why I came back here. I was also worried about how that would play out with the ex if she decided to bring this up in court again some day, as the only knowledge she has of my medical conditions is through word of mouth. Instead of editing it, I just deleted it because there were no replies. Sorry I don't normally make a habit of deleting my posts but I had some things in there that I realized I just didn't want out in the public. |
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#4
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| Different states have different regulations for this situation. In my state, after having a seizure, your license is suspended until you have a letter from your doctor certifying you as seizure-free for SIX months. And if you were seen in the ER for your problem, then they would have reported it to the DMV. You need to contact the DMV and follow their instructions to get your license reinstated (if it is in fact still suspended). Your medical records are indeed none of ex's business. If you have a valid license, it means you have proven to the DMV that you are able to drive safely. But you'd better make sure your license is actually valid before you make that assertion!
__________________ Lawsuits are not about justice. They are about MONEY. If you don't want money, then you shouldn't be thinking about suing. And people post here because they are thinking about suing. Because they want money, no matter how much they don't want to admit that to themselves. -Auto insurance adjuster for 2 years - as of 6/15/09, I am FREE! |
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