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taking DMV to court

Old 11-28-2020, 05:13 AM
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Default taking DMV to court

me, disabled vet ptsd, sleep apnea, copd etc

4 years ago I saw a doc for sleep apnea. He said he wanted to do sleep study. When I left he called DMV and had my license suspended.

after 30 days I got it back, he said I never have to be tested again and was able to drive no restrictions

Now every year DMV sends me a letter saying I have to be re tested.

The doctor has sent 3 DMV forms and 3 letters on his letter head every year saying I don't need to be tested

Like clock work last year I get another letter from DMV

I went to the governor's office, they went to DMV and hospital board of directors and said get this right.. They got together and called me and said I will never have to get tested again and my DMV file was now correct


Yesterday I got a letter from DMV, yep .. said I need to be tested again.

WTF ! I can't handle the stress. can I take them to court over this as harassment ?.
Old 11-28-2020, 05:24 AM
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WTF was your doctor reaching out to DMV to begin with? I’m sure lots of people get sleep studies and the DMV isn’t informed.
Old 11-28-2020, 05:31 AM
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When you get a sleep study, there are several key questions that are asked upfront in order to qualify you for the study.
I believe one of the questions was, "do you fall asleep while driving?"
I'm not sure what type of responsibility it would be to contact your DMV, but if you answered yes to that question and he is the only person that knows that, I could see some unwanted liability once your insurance company sees that key data.

With that said, I don't know the law on this one.
Old 11-28-2020, 05:42 AM
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If I were in your shoes I would be in need of two lawyers. One to fight the DMV, the other to fight the lawsuit of the doc I punched in the Dick.

Before you start wasting money on lawyers, I would contact your local state representative. Have him intervene on your behalf since you are trying to fight the government. I would hope Being a Disabled vet should put you near the top of the list of getting things done for his/her constituents if they aren’t a complete POS.
Old 11-28-2020, 05:55 AM
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Originally Posted by boaty mc boat face View Post
I went to the governor's office, they went to DMV and hospital board of directors and said get this right.. They got together and called me and said I will never have to get tested again and my DMV file was now correct.
You should have demanded that promise in a letter. Time to write a letter, on paper, no email, to the governor's office again, remind them you've asked for help on this before, they helped and DMV dropped the ball. Demand a response on paper from the DMV.

Last edited by yarcraft91; 11-28-2020 at 06:03 AM.
Old 11-28-2020, 06:04 AM
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TYPICAL THT post!
Since there is NO LOCATION for the OP there could be 50 different answers!
So that makes the answer to the question simple- Yes, No, Maybe.
Old 11-28-2020, 06:36 AM
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Yes you can try to take them to court. Probably spend a bunch of money and maybe permanently loose the privilege to opperate a motor vehicle. Harassment? Not sure if that can be proved.
If your goal is to drive and not be tested every year for that privilege then focus on resolving that.
  • Determine what specifically the RMV is requiring testing for. Focus on that
  • Get letter from doctor detailing the steps of the diagnosis for your condition(s) that the RMV has a problem with
  • Get a detailed letter listing the treatments you have or are currently getting for your conditions( CPAP Compliant? Prescriptions, Therapies , counseling)
  • Proof in writing that you are adhering to doctors orders
  • Produce your driving record provided it can support your claim
Again I don't think the RMV will be found guilty of harassment . They likely are acting on the information provided. You have not disclosed the results of you tests nor stated if you have been compliant with your doctors orders.
  • What were the results of the sleep study and what has been done to resolve the sleep apnea.
  • Did you have proof/ copies the doctor sent the RMV anything?
Old 11-28-2020, 06:56 AM
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Originally Posted by Newtauk1 View Post
Yes you can try to take them to court. Probably spend a bunch of money and maybe permanently loose the privilege to opperate a motor vehicle. Harassment? Not sure if that can be proved.
If your goal is to drive and not be tested every year for that privilege then focus on resolving that.
  • Determine what specifically the RMV is requiring testing for. Focus on that
  • Get letter from doctor detailing the steps of the diagnosis for your condition(s) that the RMV has a problem with
  • Get a detailed letter listing the treatments you have or are currently getting for your conditions( CPAP Compliant? Prescriptions, Therapies , counseling)
  • Proof in writing that you are adhering to doctors orders
  • Produce your driving record provided it can support your claim
Again I don't think the RMV will be found guilty of harassment . They likely are acting on the information provided. You have not disclosed the results of you tests nor stated if you have been compliant with your doctors orders.
  • What were the results of the sleep study and what has been done to resolve the sleep apnea.
  • Did you have proof/ copies the doctor sent the RMV anything?
what the heck is RMV
Old 11-28-2020, 07:04 AM
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Originally Posted by 99yam40 View Post
what the heck is RMV
Registry of Motor Vehicles
Old 11-28-2020, 08:06 AM
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I had an issue with DMV where they demoted my AZ license to a G, 100% their mistake. In the end I did get the issue resolved and my AZ reinstalled.

In a nutshell, resolving a clerical error on their part requires the right dept to make the correction on their books.
If the request is not filtered down to the right set of books the transaction does not take place.
Two, three, four departments can approve a motion but if that word does not get logged in the final set of books the motion is not successfully completed.

In my case I had to write a Very Detailed letter (it ended up being three pages) and then had it notarized. For me that was the winning combination.

Good luck

Footnote: ALWAYS, ALWAYS, ALWAYS be Very Careful of the words you use with your doctor......there is a lot of ways their reports can effect your driving privileges.
Old 11-28-2020, 08:07 AM
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With no location, it's tough to tell you what to do. With the limited info I have, it sounds like you went the wrong way.

You started from the source and went up. No change.

You started from the top and went down. No change.

What you NEED to do is contact the head of the DMV (which is not the Governor) and PROVE everything that has been done to correct this issue. Your doc TELLING you it's been done is not PROOF. The Governor's office TELLING you it's been done is not PROOF. This is a government entity. You start with them, at the office, then work your way up. You get stonewalled along the way, then you start at the top OF THAT CHAIN and work your way down. The Governor has no clue how things work in Motor Vehicles. That's why he/she appoints people as directors of those divisions. If it's a law issue it goes through that chain. If it's a political issue, THEN you call the Governor. Calling employees fixes problems. Calling politicians CAUSES problems.
Old 11-28-2020, 08:16 AM
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Thanks

this is delaware

I have the case number from the governor's office. Ill get in touch with them next week
Old 11-28-2020, 08:27 AM
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DMV and doctor may have different policies.

Originally Posted by boaty mc boat face View Post
Thanks

this is delaware

I have the case number from the governor's office. Ill get in touch with them next week
What part of the state are you in? If needed I can recommend a good attorney. However I do know that a doctor's statement doesn't always supercede a DMV policy. Some things like window tint it can. No idea about apnea.
Old 11-28-2020, 08:54 AM
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Sounds like a violation of HIPPA on your doctors part. He’s the one that should be held accountable. Sue him sue everybody !!!!!
Old 11-28-2020, 09:07 AM
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https://dmv.de.gov/DriverServices/dr...=dr_di_medical

Looks like doctors are required to report.

"Any person licensed to operate a motor vehicle on the basis of this certificate/report will be required to furnish the Division with a new certificate every year no later than the last day of the person's birthday month."

Also looks like you will be going through this every year for the rest of your life. Optionally, you will have to request a meeting of the medical board. I see no option where DMV or the Governor can bypass this board upon a quick scan through. Also your doctor, DMV, and the board are exempt from liability.§ 2724 Medical evaluation of drivers; suspension; review.

(a) Upon the determination of the Secretary that a licensed driver or applicant for a license may not be physically, visually or mentally qualified to be licensed, the Secretary will mail to the licensed driver or applicant for a license a registered letter with return receipt requested stating the need for a medical or optometric evaluation along with instructions. Attached to this letter will be a physical or visual examination report. The individual so notified shall be required within 30 days from the date of notification to have this report completed. The individual so notified shall make arrangements to be examined by a private physician or private optometrist of the individual’s choice at the individual’s expense, or, if it is determined by the Secretary that the individual is unable to pay for this examination, the Secretary shall arrange with a deputy health officer of the State to have this examination performed. The completed report shall be forwarded by the examining physician or optometrist to the Secretary.

(b) If this report is not received within the 30 days or if a reasonable explanation for the delay is not received, the Secretary shall notify the individual that the individual’s driving privilege has been suspended until such report is received and evaluated. Upon receipt of the completed report, the Secretary shall forward this report to the Secretary of the Department of Health and Social Services for review.

(c) The Secretary of the Department of Health and Social Services shall review the report to determine if the case warrants evaluation by the Medical Advisory Board. If the report gives no medical or optometric information indicating impairment of any degree, the report shall be returned to the Secretary with the indication that there is no apparent need for action based on medical impairment. If the information in the medical or optometric report warrants review by the Board, a copy of the report shall be forwarded to each member of the Board for evaluation. In case of a vision problem the report shall also be forwarded to the optometric and ophthalmological consultants.

(d) After review, each member of the Medical Advisory Board and the vision consultants shall report their recommendations to the Secretary. The members of the Board and the vision consultants shall not meet as a group unless such a meeting is called by the Chairperson, but rather each member and consultant shall arrive at an opinion independently and shall inform the Secretary of the member’s or consultant’s recommendations. These recommendations may involve any of the following by way of illustration but not of limitation:

(1) No action against driver or applicant;

(2) Periodic medical or optometric evaluation;

(3) Specific license restrictions;

(4) Further medical or optometric evaluation;

(5) Driver improvement activity, including retesting;

(6) License suspension.

(e) The Secretary shall make the final decision on whether the driver or applicant for a license should be licensed, refused, issued a restricted license or have the license suspended.

(f) Upon the decision of the Secretary, the Department shall notify the driver or applicant and shall afford the driver or applicant an opportunity of a hearing before the Department in the county where the driver or applicant resides. Upon such hearing, the Secretary may rescind the order upon a showing of good cause.

(g) Members of the Board and vision consultants and other persons making or evaluating examinations shall not be held liable for their opinions and recommendations.

That is all links to your state laws or direct copies of it.

Last edited by Furbird; 11-28-2020 at 09:14 AM.
Old 11-28-2020, 09:14 AM
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Originally Posted by mik8881 View Post
Sounds like a violation of HIPPA on your doctors part. He’s the one that should be held accountable. Sue him sue everybody !!!!!
No not at all. Doctors have the ability to notify the DMV about conditions that may impair driving fir the purpose of public safety. They also have the ability to notify law enforcement.
Old 11-28-2020, 09:37 AM
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Originally Posted by bone-a-fide View Post
No not at all. Doctors have the ability to notify the DMV about conditions that may impair driving fir the purpose of public safety. They also have the ability to notify law enforcement.
Damn straight they do.

Some doctors will write you a doctor's note so you can get off work, others will not. I've had my doctor for about 30 years now and I absolutely know he is a stickler to the rules, there is no bend in his moral game.
Old 11-28-2020, 09:44 AM
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Originally Posted by boaty mc boat face View Post
me, disabled vet ptsd, sleep apnea, copd etc

4 years ago I saw a doc for sleep apnea. He said he wanted to do sleep study. When I left he called DMV and had my license suspended.

after 30 days I got it back, he said I never have to be tested again and was able to drive no restrictions

Now every year DMV sends me a letter saying I have to be re tested.

The doctor has sent 3 DMV forms and 3 letters on his letter head every year saying I don't need to be tested

Like clock work last year I get another letter from DMV

I went to the governor's office, they went to DMV and hospital board of directors and said get this right.. They got together and called me and said I will never have to get tested again and my DMV file was now correct


Yesterday I got a letter from DMV, yep .. said I need to be tested again.

WTF ! I can't handle the stress. can I take them to court over this as harassment ?.
I don't see where you have a case. Driving is a privilege, not a right. The DMV can and will superceded the doctors.

If anything I would be more upset with your doctor than the DMV.
Old 11-28-2020, 10:27 AM
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Originally Posted by Jersus View Post
I don't see where you have a case. Driving is a privilege, not a right. The DMV can and will superceded the doctors.

If anything I would be more upset with your doctor than the DMV.
this doctor and I are no longer on speaking terms, all this drama has left a wedge between us. help from him cannot be expected

I understand driving is a privilege.

I live out of town on a farm ,MILES to the nearest store and an hour from work.

to lose my licence will leave me unemployed

just venting, Ill handle it somehow
Old 11-28-2020, 12:33 PM
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No problem if you don’t want to discuss it, but just how bad is your sleep apnea?

A dentist I used a few years ago told me he had sleep apnea and went in for a sleep study. His was so bad, they woke him up and made him leave as they didn’t want him dying in their facility. True story.

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