Can the state of Missouri take away your drivers license for passing out? A former client called me urgently last week to say that his mother’s doctor had said that the mother could no longer drive due to her having passed out two times in a night. The mom had been admitted to the hospital for passing out and the neurologist informed her that she couldn’t drive for six months. My client was in a panic because his mom is very self sufficient and active and wants to be able to drive. After some research, here is what I found:
The Doctor Must Pro-Actively File a Form 1528 With The State
So the doc may suggest that the mom can’t drive but the doc would have to file Form 1528 with the Department of Revenue for that six months to kick in. But the law does not require the doc to report such drivers so it’s completely voluntary.
What If The Doc Does Report It? What Remedies Does Mom Have?
The director of revenue will notify the driver that the license will be revoked after ten days unless the driver presents medical examination indicating a change in condition. The driver is given an initial period of 30 days to get the medical exam but additional time may be granted.
If the Department of Revenue finds that the driver is unable to drive, they can suspend their license for six months. The mom can then file a Petition in Circuit Court disputing the finding of the Department of Revenue.
If the doctor proactively submits Form 1528, then the driver in question will have an opportunity to dispute the claim. First with the Department of Revenue and then with the Circuit Court. But the doc is not mandated to report and my guess is that they won’t do it proactively.
Kansas City Traffic Lawyer
"You always want to keep speeding tickets off your record."