elder refuses to quit driving

[edithgrove]

What is the name of your state? Louisiana

Hello everyone! I'm new here. Hope this thread is in the correct place.

I have an elderly aunt, in her late eighties, in DeKalb County, Georgia who refuses to quit driving in spite of advice from family and her M.D. She has had several accidents in the last couple of years, after a lifetime of clean driving. Her latest accident, a couple of weeks ago, totalled her car after she rear-ended someone.

Currently, my aunt is attempting to pay her ticket without going to court, and is already shopping for a new car.

Since my aunt is not willing to listen to reason and professional advice, what are my options to compel her to give up her license and quit driving?

 

[CourtClerk]

The long and the short of the following passage is contact your Aunt's doctor and request that he notify the DDS (Department of Driver Services) that Auntie is no longer suitable to operate a motor vehicle and presents a danger to herself and others.

375-3-5-.09 Incapacitated Drivers; Procedure


(1) No license shall be issued to or retained by any person who is incapacitated due to a physical or mental disability or a confirmed use of drugs or intoxicants, and who, by reason of such incapacity may be unable to operate a motor vehicle with safety upon the public roads or highways of this State.

(2) The Department, upon receipt of a report that a driver may be physically or mentally incapacitated or otherwise not qualified to drive, may at any time upon written notice to the licensee require the licensee to submit medical reports regarding his physical or mental condition to the Department for individual consideration by the Driver's License Advisory Board. The submission of such reports shall be without expense to the State or the Department.

(3) Whenever the Department receives, in writing, information that an operator of a motor vehicle may be unfit to drive due to a physical or mental incapacity, the Commissioner may, in his discretion, authorize Department personnel to investigate the allegations.

(a) After the completion of said investigation, the Department shall determine whether there is evidence to support the allegation that the operator should not drive due to a physical or mental incapacity. If the investigation does not substantiate the allegations, no further action shall be taken by the Department.

(b) If the Department shall determine that there is evidence to support the allegation that the operator of a motor vehicle should not drive due to a physical or mental incapacity, the Department shall send the driver by certified mail with return receipt requested, or by personal delivery, a notice containing the following information:

1. That a person unable to drive safely due to physical or mental incapacity or a confirmed use of drugs or intoxicants may not retain a driver's license under Georgia Law;

2. That a question has arisen as to the operator's capacity to drive;

3. That enclosed medical report forms must be completed by a physician of the driver's choice and returned by the physician directly to the Department of Driver Services within 30 days of receipt and that such reports will be forwarded to the Driver's License Advisory Board for review and evaluation;

4. That, after review of the medical reports, the Driver's License Advisory Board will recommend either retention or reinstatement of driver's license, retention or reinstatement of the license with restrictions, or revocation of the license;

5. That the letter may be considered that operator's authority to drive pending subsequent notification from the Department of Driver Services that his driver's license has been retained or reinstated, retained or reinstated with restrictions, or revoked;

6. That, should the driver fail to submit completed medical reports to the Department within 30 days, his driver's license shall be revoked and the operator shall be deemed to have waived his right to appeal the revocation of the driver's license.

(4) If the Department of Driver Services has not received completed medical reports from the operator within 30 days, the operator's driver's license shall be revoked and the operator shall be deemed to have waived his right to appeal or otherwise contest the revocation.

(5) Upon receipt of medical reports satisfactorily completed by a physician designated by the operator, the Department shall forward copies and said reports to the Chairman of the Driver's License Advisory Board. The Chairman shall designate an appropriate member(s) of the Board to review each operator's medical reports and to make recommendations to the Department regarding reinstatement or revocation of the driver's license. The Board may request that further information be supplied by the physicians who forwarded medical reports to the Department, or that the operator submit to an examination by a medical specialists designated by the Board within the operator's geographical area.

(6) The Department may, upon good cause shown, extend the time periods established above. The Department's decisions in this regard shall be final and not subject to review.

(7) After receipt of the recommendation of the Driver's License Advisory Board and any other pertinent information, the Department shall notify the driver, by mail, of the retention or reinstatement, retention or reinstatement with restrictions, or revocation of his driver's license. As the Department is authorized by statute to impose any restrictions which it may determine are appropriate to assure the safe operation of any motor vehicle by the operator, no appeal shall lie from the Department's decision to reinstate the operator's driver's license with restrictions. If the driver's license is revoked, the operator may appeal that revocation as provided hereinafter.

(8) The operator may, within 15 days of receipt of notice of revocation, request a hearing by a designated hearing officer of the Department. Such request must be made in writing and received by the Department within the 15-day period specified. If no written request for hearing is received within the 15-day time period, the driver shall be considered to have waived his right to a hearing and to appeal the revocation of his driver' license. The notice of revocation shall advise the driver of this requirement.

(9) A hearing shall be scheduled upon written request of the driver before the Office of State Administrative Hearings.

(10) The hearing and appeal procedures shall be as specified in Ga. Admin. Comp. Ch. 375-3-3-.04.

(11) An operator who timely requests a hearing in writing may continue to drive, except as otherwise specified herein, pending the issuance of a final agency decision pursuant to the provisions of Ga. Admin. Comp. Ch. 375-3-3-.04.

(12) If the Department receives evidence that an operator of a motor vehicle should not drive due to physical or mental incapacity and determines that the public health, safety, or welfare imperatively requires emergency action, the Department shall, upon expressly so finding, be authorized to issue an emergency order directing immediate revocation of the driver's license. The emergency order shall incorporate such a finding. Said emergency order shall be sent to the licensee by personal delivery, or by certified mail with return receipt requested. The order shall be accompanied by medical report forms and the instructions provided above, except that the operator shall not be instructed that he is authorized to continue to drive. The emergency order shall inform the licensee that the revocation of his license is effective upon receipt of the Department order. The order shall further inform the operator that, in the event that he desires to contest the revocation, he must submit, in writing, a request for hearing within 15 days of receipt of the emergency order. The Department shall designate a hearing officer to conduct the hearing, which shall be conducted pursuant to the procedures provided in Ga. Admin. Comp. Ch. 375-3-3-.04. A hearing requested by an operator whose driver's license has been revoked under the emergency provisions of this paragraph shall be scheduled within 15 working days of receipt of the request for hearing by the Department, unless the operator or his legal representative requests or consents to an extension of time. This hearing shall be a preliminary hearing, at which the Office of State Administrative Hearings shall determine whether the public health, safety, or welfare continues to imperatively require emergency action. If the administrative law judge upholds this determination, the revocation shall proceed as set forth above and the revocation of the operator's driver's license shall remain in effect. If the administrative law judge determines that the public health, safety, or welfare no longer imperatively requires emergency action, the revocation shall continue as provided in above, but the operator's driving privileges may be restored pending completion of those proceedings.

(13) Once a driver or applicant is found to be physically and/or mentally qualified, the Department may require a test to issue a driver's license. The driver/applicant is allowed three examinations at thirty (30) day intervals. If successful, the revocation will be reinstated. If unsuccessful in the three attempts, the driver/applicant will not be eligible to reapply for reinstatement for one (1) year

 

[GulfBreeze]

If her MD has officially told her that she was unable to drive, then legally she would have to stop driving her car. How would someone feel if their family member was killed by someone that legally was not supposed to be driving? Her insurance company would drop her, along with refuse to pay for any damages she causes, thus leaving her open to lose everything she has. Someone in your family needs to point this out to her. Her independence is important, but public safety is more important. The person who hit my wife was 82 years old. She had no business driving. She rear-ended my wife as she sat at a red light and the lady didn't even apply any brakes. She was going 30-40 MPH. Had she not been driving the Volvo and some regular small car, she would have been seriously injured. The older lady suffered a damage liver and was hospitalized. She got out of the car in bedroom slippers, a robe and a hat that covered most of her eyes. Her family stated the same thing as you have. This lady will not listen to them. I would report her to the DMV and they could require her to take a eye test and if the MD issued something in written to the effect that he recommends her not to drive, they would take her license away. Then if she was caught driving around, would be arrest. No insurance company would insure her either. This is no different than allowing someone who drives drunk. Family members need to step in and assure the safety of not only their family member but he rest of the general public who has to share the road with someone like this.

 

[CourtClerk]

If her MD has officially told her that she was unable to drive, then legally she would have to stop driving her car.

This is not even remotely true. Her doctor is not the Department of Motor Vehicles or the court and has no power to make her "legally" stop driving. I have no idea where you got your information from, however, I assure you you are WRONG.

The doctor has the obligation to notify the licensing agency, and they would in fact, based on the doctor's report take action if they felt it necessary, but the doctor doesn't have the legal ability to tell Auntie not to drive no more than you or I have the ability to do so.

 

[GulfBreeze]

This is not even remotely true. Her doctor is not the Department of Motor Vehicles or the court and has no power to make her "legally" stop driving. I have no idea where you got your information from, however, I assure you you are WRONG.

The doctor has the obligation to notify the licensing agency, and they would in fact, based on the doctor's report take action if they felt it necessary, but the doctor doesn't have the legal ability to tell Auntie not to drive no more than you or I have the ability to do so.

I am not saying that the MD would take her license away. He can recommend that based on his exam, that she is incapable of driving and the DMV would then suspend her license making it illegal to drive. A professional medical doctor's opinion is enough for the DMV to take her license away. I have bought a car from someone who had their license stripped from them under something like this.

 

[edithgrove]

Thank you so much for the prompt and detailed advice! I have a much better understanding on how to handle this problem now.

Thanks again!

 

[CourtClerk]

I am not saying that the MD would take her license away. He can recommend that based on his exam, that she is incapable of driving and the DMV would then suspend her license making it illegal to drive. A professional medical doctor's opinion is enough for the DMV to take her license away. I have bought a car from someone who had their license stripped from them under something like this.

But what you said was:

If her MD has officially told her that she was unable to drive, then legally she would have to stop driving her car.

which would give any reader the impression that when the doctor says stop driving he has the legal authority to make them stop, which again, is not true. The doctor simply can make the RECOMMENDATION to the licensing agency that the driver is incapacitated and still that comes under review. A doctor's opinion is NOT enough to have the DMV strip the license away from a driver. The doctor's findings aren't taken in a vacuum. There is a review, often a hearing, then a determination.

You need to be a little more clear in your answers, this isn't the first time you've done this.

 

[CourtClerk]

Thank you so much for the prompt and detailed advice! I have a much better understanding on how to handle this problem now.

Thanks again!

You're welcome and good luck.

Also, you may want to get in touch with the DDS tomorrow and see if simply YOU can request medical review because of your aunt's circumstances and your concern for her safety. They will then let you know if they can get in touch with her doctor who will have to validate your concerns. Mention to them the accidents she has gotten involved in.

 

[GulfBreeze]

wrong state I posted here...

 

[CourtClerk]

And you posted what that I didn't already post? I took exception to you stating that the doctor has the right to legally make her stop driving. As a matter of fact, what you posted supports everything that I HAVE ALREADY SAID.

 

[GulfBreeze]

And you posted what that I didn't already post? I took exception to you stating that the doctor has the right to legally make her stop driving. As a matter of fact, what you posted supports everything that I HAVE ALREADY SAID.

yo, read it better...

Quote:
If her MD has officially told her that she was unable to drive, then legally she would have to stop driving her car.

NO WHERE DOES IT SAY, THE MD WOULD MAKE IT ILLEGAL FOR HER TO DRIVE.

The doctor would recommend and the DMV would strip her of her license based on this...making it illegal. Get a clue and read it without adding your interpretation.

I was the one who posted the LA law..not you. I offered LA law and explained it further. Quit trying to act like you offered the final say. We are all here to give our IMHO advice and don't need righteous people (least ones who claim they are) and try and discredit helpful advice. You are starting to sound like someone else here...lol

 

[CourtClerk]

No, YOU read it better....

You are such a genius. You posted LA law.... but the AUNT IS IN DEKALB COUNTY GEORGIA....so where is LA Law applicable? GA law is cited in my VERY FIRST POST.

I have an elderly aunt, in her late eighties, in DeKalb County, Georgia

If I'm starting to sound like someone else on here, perhaps its because we were both right.. and you (once again) are talking out the side of your mouth about things you only THINK are correct. Giving bad advice is against the TOS and if I were you, I'd be careful.

You said:

NO WHERE DOES IT SAY, THE MD WOULD MAKE IT ILLEGAL FOR HER TO DRIVE.

However, in your first post you said:

If her MD has officially told her that she was unable to drive, then legally she would have to stop driving her car.

You can twist it around until it becomes a pretzel, again, the above statement is where I take exception with you at. Call it righteous if you want..in this case, I'll just call myself.. right.

 

[las365]

Since the Aunt lives in Georgia, I don't think Louisiana law has anything to do with anything.

To the original poster: in addition to following the good advice about the steps needed to stop your aunt from driving, please take the time to find some services in her area to assist her in getting to the grocery store, taking her the other places she needs to go, making sure someone spends some time with her each week, etc. Independence is the hardest thing for an elder person to give up, but the isolation that can come from being homebound may cause depression and other major problems. She needs to be able to have social contact with other people, even if it is just the minimum that comes from doing a little shopping and errand-running. Good luck to both of you.

 

[seniorjudge]

...
Since my aunt is not willing to listen to reason and professional advice, what are my options to compel her to give up her license and quit driving?
....

Remove the distributor from her car and hide it.

Today.

 

[GulfBreeze]

No, YOU read it better....

You are such a genius. You posted LA law.... but the AUNT IS IN DEKALB COUNTY GEORGIA....so where is LA Law applicable? GA law is cited in my VERY FIRST POST.

my bad...I saw this...

"What is the name of your state? Louisiana"