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).
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.
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.
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.
Yes, you can request a hearing. If you decide to request a hearing, you must do all of the following:
No. You are not eligible for such a license because your medical condition could make driving hazardous for you and others.
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.