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posted on 10/2/16

In most cases, medical providers have a duty to report medical conditions that might affect one’s ability to drive, like epilepsy or the loss of use of a hand or arm, to the Secretary of State. Theoretically, drivers can sue the providers if they over-zealously report such incidents, but these actions are almost impossible to win and very rarely initiated. On the other hand, providers may face criminal penalties for failing to report such incidents. Moreover, if the driver causes a car crash, the provider may be at least jointly liable for damages.

As a result, medical-related license suspensions may be the most common of such actions in Illinois, with the exception of DUI and traffic-related suspensions. What must the state prove at the administrative hearing, and what are some effective defenses in this situation?

The Hearing

Exact procedures vary according to the size and location of the office, but in all cases, the administrative hearing is a hybrid procedure that is neither entirely civil nor entirely criminal in nature. Instead, there are some aspects of both models.

The burden of proof is similar to criminal cases, because typically, the person bringing the state’s case (who may also be the hearing officer) has the burden of proof to show that:

  • There is an underlying medical condition,
  • This condition constitutes a driving hazard, and
  • The condition is likely permanent.

Medical suspensions are technically license cancellation procedures, which basically means the state must prove that the driver is not qualified to hold a licenses. However, administrative proceedings are not criminal matters, so the normal Constitutional protections may not apply. For example, the drivers may be required to testify against themselves because the Fifth Amendment is inapplicable.

What the State Must Show

In order to establish that the driver is not qualified to safely operate any motor vehicle, the state may introduce evidence of:

  • Loss of Consciousness Condition: Epilepsy and heart conditions are the most frequently-cited conditions. A pattern of prior episodes is usually the best evidence for cancellation.
  • Impaired Senses: Vision worse than 20/70 is normally grounds for cancellation, as is any unusual hearing impairment.
  • Paralysis or Loss of Use: In addition to severity, the state must also prove that the condition is permanent, in most cases.

Typically, instead of calling a doctor to testify, the prosecutor tries to introduce written medical records under an exception to the hearsay rule.

Defenses

What practitioners sometimes call the before-and-after defense is typically one of the better approaches. The driver must convince the hearing officer that something was amiss previously; for example, the driver may not have been properly medicated or properly diagnosed. If these circumstances have changed, there is a good chance for a positive result. The same analysis applies to sensory impairments and paralysis because a driver can have surgery to remove a cataract or recover use through physical therapy.

If there is a valid defense, the hearing officer normally either dismisses the case, orders a re-evaluation, or places restrictions on the person’s license, like no nighttime or freeway driving.

Rely on Aggressive Attorneys

For prompt assistance in this area, contact an experienced driver’s license defense lawyer in Schaumburg from Glasgow & Olsson today. The sooner you reach out to us, the sooner we can begin preparing your defense.

(photo courtesy of Anita Peppers)