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thomthumb

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Hi! I am new here. I live in Florida. I have read some of the threads and I am convinced this is a wonderful loving community! I am hoping that I can get some help with a problem I have. My son has night time seizures only. His first seizure was 22 years ago. He had a gran mal seizure while sleeping. He has never had a daytime seizure. He has been on phenobarbitol since his first seizure. He has only had two seizures since then, the last one being in 1998. He has been driving during this time. He has denied having epilepsy on his driver's license application. As you know, it is against the law to deny epilepsy on the application. He now would like to turn in his license and get a hardship. But, the law states $5,000 fine or five years in prison. I do not want to see my son go to prison for doing the right thing! Can anyone tell me what he can expect if he does this. Any help would be appreciated.
Looking forward to your wonderful encouragement! Thank you!
ThomThumb
 
Hey Thom,

Welcome to the group. It is wonderful! I also only have my seizures in my sleep. Some partial checkouts in the day. Like staring spells. Sorry to hear about your son. I do not know the answer to your question, but I am willing to bet someone here will either know or can direct you to a site with answers. I am not to drive for 6 mo. until seizure free also. I do know each state is different with the laws and reporting etc. Best of luck!!

Michelle
 
Thank you Georgia Girl! It is encouraging to be able to speak to someone who understands this illness. Epilepsy, no matter what kind, is very hard to talk about to most people. I hope that you will be able to drive soon! Thank you for your kind reply and I hope to be an encouragement to you also in this wonderful community. Thom
 
You know... I just submitted a question to the Epilepsy Foundation for a different reason, and they were quite prompt into answering me. I bet you could get him some legal advice from the link below, something we aren't comfortable doing. Submit an online question.

http://www.epilepsyfoundation.org/epilepsylegal/legalinfoctr.cfm

I do believe when one is doing the right thing, everything falls into place as it should.
We welcome both you and your son, and hope you can share the journey he takes as we will all learn a great deal from it.

My daughter is 16 and can't even consider taking the driving exam for 6 months. She thinks she would rather wait until she is 18, and I agree with that decision. Let's just hope she continues to make progress. I hope it all works out for you too.
 
Hi ThomThumb, welcome to the forum. :hello:

I agree with Robin - check with the EFA legal dept. and see what advice they can offer.
 
Thank you very much Robin. I understand about no legal advice. and I would not be foolish enough to give out advice on a topic I am not a professional in. I look forward to hearing of experiences of others and I would love to share my experiences in the hopes of encouraging others. Thom
 
Hey thom,

I lived in Florida from the time I was 3 until 21 when I got married. We moved with my husband's job but went back for a number of yrs. and we eventually landed in Ga. and really love it. I grew up In Winter Park(cental Fl.) Where are you? We love going to the panhandle beaches since we grew up always going to the beach.

Robin,
I knew one of y'all would have an answer to help Thom! Very helpful!!! :)

Michelle
 
Thank you Bernard! I have copied the URL that Robin sent and I will contact them and get their thoughts on the matter. You have a wonderful community here to answer me so quickly. By the way, thank you very much for correcting my registration problem. Thom
 
Hello! This is Thom's wife typing for him. We live in Gainesville and love it here. I am from Macon and went to college in Valdosta. Georgia is such a pretty state! We have lived here in Florida almost 25 years and we also love the gulf beaches better than the Atlantic side.
Thom's wife
 
Hey Thom and wife :))

We have family in Gainesville and they work at UF. Small world. Yes, the gulf is so much prettier.White sands and clear calm water! Gorgeous! Our kids love it. We are actually going in a few weeks. Can't wait. We still have famly spread throughout Florida..so we still get down there.

Michelle
 
Welcome to the forum Thom:hello: I am still learning my way around.

Everyone is very friendly and helpful.
nancy
 
Hello Thom and Wife! :) Welcome to CWE. As you can see, we're a fairly friendly bunch. As stated above, try checking with the EFA as far as laws regarding drivers licenses are concerned. If he's not turning it in for any specific purpose....you know, to get disability or anything...than I would think that he could just let it expire. But then again, I might be wrong. Or Florida could be like California, where they send you your new license automatically. EFA would have the best advice.
 
Greetings from a Pioneer Florida Native


:hello: Thom!

I'm a Florida Native, and I'm very familiar with DHSMV
which formerly known as DMV MED BOARD in FL.

I had been driving since I first obtained my license,
and I have papers to DMV copies to prove it (FL).
I actually SURRENDERED my own license voluntarily
in 2007 because I knew that I knew that I knew I
just could not drive anymore, and now carry a FL ID
Card.

I suffer from Nocturnal Seizures for years - TLE. It's
documented, clarified, even my medications were so
noted, alongside with my lab reports, et cetera.

Now with the State of Florida Medical Panel Review Board
AKA DHSMV

1) One must not have any seizures for 2 years or less,
depending on what DHSMV implies to the individual

2) I complied for decades with the DMV Med Board (now
known as DHSMV). I still comply with them.

You can find out more information regarding specific laws
on driving and Epilepsy in the State of Florida here:


State of Florida Laws - Driving & Epilepsy


Driving and Epilepsy in the Sunshine State

Your Options in Florida

Can a person with epilepsy obtain a driver’s license in Florida?

Yes. However, Florida, like every other state, has specific guidelines concerning driver’s licensure for medically impaired individuals including those with epilepsy. Considerable differences exist among the states in length of time a patient must be seizure free in order to drive. In some states, the person must wait two years; in others, only six months.

What are the guidelines in Florida?

The guidelines state that, applicants and licensed drivers should be seizure free for a period of two years before being approved for licensing. If a person is under regular medical supervision, it is possible to apply for a review by the Medical Review Board after being seizure-free for six months. These guidelines apply for all types of seizures. The isolated seizure with a normal encephalogram may be reviewed at the end of three months. The Division of Driver Licenses can answer questions about specific situations and how they relate to obtaining a driver’s license.

What is the procedure?

The procedure is the same for all residents of Florida. Application is made at the local driver license office. A road signs and road rules examination will be given. If a person indicates on the application that he has epilepsy, or has had a seizure in the past two years, a medical form is mailed to the applicant from Tallahassee. The applicant is responsible for getting this form to his physician. The physician should complete this form and return it to the Medical Review Section of the Division of Driver Licenses in Tallahassee. If the applicant passes both the written and driving portion of the exam and approval is received from the Division of Driver Licenses, a drivers license will be issued.

Who decides whether or not a person with epilepsy can drive?

The final decision about a person’s medical ability to drive is made by the Division of Motor Vehicles. The decision, based upon recommendation of the Department’s Medical Advisory Board, is made after the review of information provided by the physician treating the person with epilepsy.

Is my physician required to report that I have epilepsy to the Division of Driver Licenses?

In Florida, physicians are not required to report a patient with epilepsy to the Division of Driver Licenses.

Going down the Highway

What happens if a person with epilepsy denies he has epilepsy on the application for a driver’s license?

Falsification of the driver’s license application, when discovered, may result in automatic revocation of the drivers license.

If I am denied a license, what are my legal rights?

If driving privileges are denied, the applicant has a right to appeal. This process consists of a hearing, during which the applicant may present evidence that he is capable of driving and may bring witnesses to testify on his behalf.

Does the Division of Driver Licenses require updates on the medical condition of people with epilepsy who have a driver’s license?

Yes, the Division reviews cases of drivers with seizure disorders at varying periods of time.

Should a high school student whose seizures are not controlled, take the classroom education course?

Students with epilepsy interested in taking drivers education should contact the local school board office and obtain class requirements before enrolling in the class. In some areas, a restricted license may be required to obtain full credit for the class.

Suggestions to those with epilepsy about driving:

* Avoid driving when tired and do not drive for prolonged periods of time. Employment that requires long hours of driving is not recommended.
* Take care not to go for long periods without food or sleep.
* Take your seizure medication regularly. If treatment is changed or stopped, be aware that this may interfere with your fitness to drive. At the time such changes are made, it may be wise to limit driving or to stop altogether for a period of time. Discuss this with your physician.
* Seizures of short duration are as important as those of longer duration when it comes to driving. Any such episodes should be reported to your physician.
* It is important for someone with epilepsy to drive under the best conditions. Anyone with a history of epilepsy should be sure to avoid drinking alcohol before driving. Alcohol always impairs driving and may cause a seizure that might not occur otherwise.

Developed by: University of Florida, Epilepsy Services of North Central Florida, and the Florida Department of Health in cooperation with the Florida Department of Highway Safety and Motor Vehicles, Division of Driver Licenses.
 
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