Medical Review Administrative Hearings

When we see or hear about other people losing their driver’s license, we usually assume they must have broken the law or done something wrong. It turns out you can lose your driver’s license if another person reports to the department of Florida Highway Safety and Motor Vehicles (FLHSMV) that you are mentally or physically unsafe to drive a vehicle.

A medical review administrative hearing may be the only way you can have your license reinstated but you will be facing tough odds if you try to plead your case alone.

Medical Review Administrative Hearing Attorney in Palm Beach

It is a great freedom to be able to drive yourself around the state of Florida. That freedom is often taken for granted. Losing the freedom to drive to the store or visit friends and family can have devastating personal consequences. If you are facing an administrative medical review hearing, the best thing you can do is hire an attorney to fight back. Your personal autonomy is at stake.

The attorneys of Meltzer & Bell are experienced litigators who have dedicated their careers to defending the rights of their clients. Call us today at (754) 755-8554. We represent people in Palm Beach County and Broward County, including those pulled over in West Palm Beach, Fort Lauderdale, Delray Beach, Boca Raton, Boynton Beach, Pembroke Pines, Hollywood, and Miramar.


Medical Review Overview


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Reporting a Person for Unsafe Driving

Florida Statues encourage people to report drivers that may be medically or mentally unfit to drive a car in the state. The state even offers protections against those that report unsafe drivers by eliminating civil or criminal actions against anyone who provides information to the FLHSMV regarding the fitness of an individual to operate a motor vehicle. This is to protect doctors for betraying doctor patient confidentiality when they report a patient that could be a danger to the public.

The process of reporting a driver is very simple. A person just needs to fill out HSMV Form 72190 and mail it to:

Medical Review Program Neil Kirkman Building,
MS 86 Tallahassee,
Florida 32399-0500
Telephone No.: (850) 617-3814
Fax No.: (850) 617-3944

 

The form is only two pages long and the person filing simply needs to give the driver’s contact details, explain the relationship with the driver, and check a box or explain the driver’s physical issue, mental deficit, or disorder. The list of conditions that may lead to a driver having their license revoked via medical review include:

  • Seizures
  • Loss of Consciousness
  • Psychiatric Disturbance
  • Sleep Disorder
  • Severe Cardiac Condition
  • Uncontrollable Diabetes
  • Drug/Alcohol Addiction
  • Stroke
  • Dementia/Memory Deficits
  • Severe Visual Deficit

There is no requirement that the person filing the report provide evidence to support their claim. The DHSMV will instead investigate and if they find “cause,” they will then notify the driver that they are under medical review and request that the driver provide medical information from their physician.

Once the driver provides the medical information, the Medical Advisory Board will conduct a review of the provided information and offer a recommendation regarding the driver’s ability. The Medical Advisory Board may request additional information, require the driver retake the state driving test, or may revoke or deny a driver’s license.


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Medical Review Administrative Hearing

It seems quite unfair that the government can take away your driver’s license without affording you an opportunity to defend yourself. You do have the option to contest the Medical Advisory Boards determination. Unfortunately, you can only be heard after you have had your license revoked.

If a license is revoked, suspended, or cancelled, a driver can appeal the decision by requesting an administrative hearing. The request for a hearing must be filed within 30 days of receiving notice of a license revocation. Not requesting a hearing in time may mean waiving the right to request a hearing forever.

After a request is made, a hearing must take place within 45 days of the request being made. A driver can, and should, be represented by an attorney at an administrative hearing. The hearings are held before a three person panel that includes a Board member, an attorney from the DHSMV’s Office of General Counsel, and one employee from the HSMV’s Division of Motorist Services.

The administrative hearing will be an opportunity for each party to present their case by presenting evidence, cross-examine witnesses, impeach witnesses, and rebut adverse evidence. The panel will then weigh the testimony and evidence presented and make a final determination called a Recommended Order.


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Medical Review Administrative Hearing Resources

Medical Conditions and Driver Safety Brochure – Reporting someone and knowing they may lose their license is hard, especially if the person you are reporting is a friend or loved one. If you truly feel that they are a danger, however, reporting them may be the best option. The link here will take you to a brochure produced by the HSMV that gives a quick run-down of everything you need to know about Medical Reviews by the HSMV.

DHSMV Medical Referral Form – If there is a risk that a person may be a danger behind the wheel of a motor vehicle due to a mental or physical disability, notifying the HSMV is as simple as mailing the form in the link. No additional information is required and the form does not need to be even notarized. If you believe someone you know is unfit to drive you can mail this form and let the HSMV take care of the rest.


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Medical Review Administrative Hearing Attorney

It may seem unfair that someone could simply ask for your driving privileges to be revoked. That is the reality of DHSMV medical reviews however and an administrative hearing will make the difference between whether you are able to drive again or not. Do not risk your license and your freedom by trying to fight this on your own.

Hire an experienced attorney that will make sure you are treated fairly. The attorneys of Meltzer & Bell are veteran litigators who have a stellar record of success. We represent clients in Broward County courts, including in Fort Lauderdale, Pembroke Pines, Hollywood, Miramar, Coral Springs, Pompano Beach, Davie, Plantation, Sunrise, Deerfield Beach, Weston, Tamarac, Margate, Coconut Creek and Wilton Manors. Call us today at (754) 755-8554 to schedule an appointment.


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