Need Help With Your Traffic Ticket?

Get your FREE attorney consultation from Rosenblum Law.
888-883-5529
Call now for a free consultation

Medical Condition License Suspensions

Trusted Content

Editorial Standards

Rosenblum Law is committed to delivering informative content of the highest quality. All content is subject to our rigorous editorial standards for relevance, accuracy, sourcing, and objectivity. Everything is fact-checked by an editor and reviewed for legal soundness by one of our practicing attorneys prior to being published.

Read our full editorial policy here

Written By 
Last updated 
June 11, 2021

NY VTL 510-3 says that the Department of Motor Vehicles can suspend a driver's license “because of some physical or mental disability of the holder...”  This means that if DMV becomes aware that a person has a medical condition that might cause a person to pass out or fall asleep while driving (such as epilepsy, narcolepsy, diabetes, etc.), they have the right to issue a driver's license suspension.

The problem is that this kind of suspension is considered an indefinite suspension, rendering the person ineligible for a conditional or restricted license.  Unlike a person who may be suspended for a technical reason, it makes sense that a person who is suspended from driving because he might pose a danger while on the road should not be given a limited use license.

If you disagree with DMV's decision you can ask for a hearing or participate in DMV's Medical Review Program (see below).

Frequently Asked Questions About Suspension For A Medical Reason in New York

How do I know when I am suspended for a medical reason?

DMV will notify you by letter giving you a specific date your driver's license suspension will go into effect.  That is the date you must stop driving.

Why am I being suspended if my doctor says I can drive?

DMV hires independent, board certified doctors to make supposedly independent recommendations to the Department of Motor Vehicles as to whether a person who has a medical episode while driving can continue to drive.  DMV says that the doctors they hire “follow nationally established medical standards for highway safety. Therefore, in cases where there is disagreement, DMV accepts our consultant's recommendation over the recommendation of your doctor.” This of course is very controversial for two reasons: (a) it is impossible for them to state categorically that their consultant is more of an expert in this field than your treating physician who may be just as familiar with “nationally established medical standards for highway safety”; (b) a treating physician knows his patient much better than a DMV consultant who in most cases does not even meet the subject in person.  Regardless, this is DMV's approach for the better or for the worse.

Is there anything that can be done if I am suspended for a medical reason?

Under certain circumstances, a person may qualify for the Medical Review Program of the NYS Department of Motor Vehicles which was designed to help people who have an episode where they lose awareness, body control or consciousness continue to drive under medical supervision.

You will be sent a letter, usually six months after your last medical episode while driving.  The suspension may be lifted when your doctor completes an examination on or after the recommended reinstatement date found in letter.  A Physician's Statement for Medical Review Unit (form MV-80U.1) will accompany the letter.  Your doctor should fill out this form after the examination and return It to the Medical Review Unit at the address listed in the letter.

If I disagree with DMV's decision do I have a right to a hearing?

Yes, you can request a hearing. If you decide to request a hearing, you must do all of the following:

  • Notify the Medical Review Unit in writing within 30 days from the date of the suspension notice. DMV will not agree to a hearing if the request was received more than 30 days after the date of notice. A hearing will be scheduled with 30 days after receiving your written request.
  • Be in Albany on the date and time of the hearing.
  • Provide a list witnesses, if any, who will appear on your behalf. This list must be provided at least five business days before the hearing. Once again, no new medical documentation will be considered the hearing.

Am I eligible for any type of hardship license which would give me limited driving privileges during the suspension period such as to allow me to drive to and from work, school and medical appointments?

No. You are not eligible for such a license because your medical condition could make driving hazardous for you and others.

Can I have an attorney represent me at the DMV hearing?

Yes. Rosenblum Law, with offices in Albany, has represented many individuals at suspension hearings in Albany before DMV.  There are many reasons DMV can suspend a driver's license. Read more here.

For help with a suspended New York license or license restoration call us now at
1-888-883-5529, or send us an e-mail about your case.

Author Bio

Adam H. Rosenblum

Founding Attorney Of Rosenblum Law

Adam H. Rosenblum is an experienced and skilled traffic violations and criminal defense attorney. Mr. Rosenblum provides expert and aggressive representation to those facing points on their drivers’ licenses and the associated fines and surcharges.

Read Full Bio

No Comments

Free Consultation

Call us now for a quick, free, and no obligation colustion with one of our attorneys.
888-883-5529

Featured Experts

Kent Ng

NYPD (Ret.)
Read More

Mike Gheller

NYPD Officer
Read More

Travis Hall

NY State Police
Read More

News & Updates

Learn more about traffic tickets and criminal matters in New York and New Jersey.
When I Let a Driver Off With a Warning and Why
Every driver who gets pulled over hopes to avoid getting a traffic ticket. As police officers, we understand there is...
Continue reading
Learn More
NY DWI Crackdown in Effect Through Labor Day Weekend
Drivers looking to kick back and enjoy some beers this Labor Day weekend should be careful before getting behind the...
Continue reading
Learn More
What NOT to Do When Pulled Over by Police
Nearly everyone is pulled over by police at some point in their life. The flashing red-and-blue lights are hardwired into...
Continue reading
Learn More

We've Fought Over 50,000 Traffic Ticket Cases

Call us now for a quick, free, and no-obligation consultation.
888-883-5529
Call Now ButtonFree Consult Call Now crosschevron-down linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram