Legally forbidden from driving...because of Asperger's

Page 1 of 2 [ 31 posts ]  Go to page 1, 2  Next

michillimackinac
Blue Jay
Blue Jay

User avatar

Joined: 30 Aug 2008
Age: 47
Gender: Male
Posts: 81

09 Nov 2009, 10:45 pm

Recently, several years after achieving the legal age limit, I attempted to get my driver's license. I was required to submit to a review by the state medical board. I passed examinations by two doctors. At the interview, I mentioned in passing that I had Asperger's, and talked about a couple of difficulties it caused for me. Those idiots completely ignored the recommendations of my doctors and denied my license...based on the fact that I have Asperger's. I didn't even provide any sort of official diagnosis document. I just said that I had it.

Oh, well, I guess I should have known they would listen to me, considering I have dual degrees in psychiatry and neurology and am currently the dean of Johns Hopkins. Oh, wait, no...I'm just a college student!



blackcat
Veteran
Veteran

User avatar

Joined: 16 Nov 2006
Age: 33
Gender: Female
Posts: 1,142
Location: 10 miles south of sanity.

09 Nov 2009, 10:49 pm

That...is wrong. Asperger's is not a reason to withhold a license. You should tell someone. I am fairly certain that that is not legal....


_________________
I think I know. I don't think I know. I don't think I think I know. I don't think I think.


carzak
Yellow-bellied Woodpecker
Yellow-bellied Woodpecker

User avatar

Joined: 19 Apr 2009
Age: 40
Gender: Male
Posts: 56

09 Nov 2009, 10:49 pm

I would appeal their decision if it's possible.



John_Browning
Veteran
Veteran

User avatar

Joined: 22 Mar 2009
Age: 42
Gender: Male
Posts: 4,456
Location: The shooting range

09 Nov 2009, 11:00 pm

Get a lawyer.


_________________
"Gun control is like trying to reduce drunk driving by making it tougher for sober people to own cars."
- Unknown

"A fear of weapons is a sign of ret*d sexual and emotional maturity."
-Sigmund Freud


Roxas_XIII
Veteran
Veteran

User avatar

Joined: 8 Jan 2007
Age: 33
Gender: Male
Posts: 3,217
Location: Laramie, WY

09 Nov 2009, 11:15 pm

I agree, that is f****d. What state do you live in?



willa
Veteran
Veteran

User avatar

Joined: 15 Oct 2008
Gender: Male
Posts: 994
Location: between bannings.

09 Nov 2009, 11:16 pm

why in the heck were you required to have a medical review? where do you live? I know of having to do an eye exam, but wow.


_________________
?It's a sad thing not to have friends, but it is even sadder not to have enemies.? - El Che


sgrannel
Veteran
Veteran

User avatar

Joined: 20 Feb 2008
Age: 49
Gender: Male
Posts: 1,919

10 Nov 2009, 12:17 am

Why did you tell them you have Asperger's? Their job is to filter and occasionally reject applicants, not to help you by providing services. Only disclose AS to those who can help you with it. It's not unethical to withhold information about a condition that will not impair you, if that is so.


_________________
A boy and his dog can go walking
A boy and his dog sometimes talk to each other
A boy and a dog can be happy sitting down in the woods on a log
But a dog knows his boy can go wrong


Tory_canuck
Veteran
Veteran

User avatar

Joined: 8 Jun 2009
Age: 38
Gender: Female
Posts: 1,373
Location: Red Deer, Alberta, Canada

10 Nov 2009, 2:16 am

That is a violation of your charter rights since the doctors confirmed it does not affect your ability to drive...Its like denying black people licenses because they are black.Id go to court about it if I were you.Driving may be a privilage, but that doesnt mean the government should have the right to discriminate based on something that has no affect and has been proven to have no affect on your ability to drive.


_________________
Honour over deciet, merit over luck, courage over popularity, duty over entitlement...dont let the cliques fool you for they have no honour...only superficial deceit.

ALBERTAN...and DAMN PROUD OF IT!!


Tory_canuck
Veteran
Veteran

User avatar

Joined: 8 Jun 2009
Age: 38
Gender: Female
Posts: 1,373
Location: Red Deer, Alberta, Canada

10 Nov 2009, 2:17 am

I only had to do an eye exam...no medical review...


_________________
Honour over deciet, merit over luck, courage over popularity, duty over entitlement...dont let the cliques fool you for they have no honour...only superficial deceit.

ALBERTAN...and DAMN PROUD OF IT!!


Roxas_XIII
Veteran
Veteran

User avatar

Joined: 8 Jan 2007
Age: 33
Gender: Male
Posts: 3,217
Location: Laramie, WY

10 Nov 2009, 2:40 am

For my first license in Tennessee I only had to do an eye exam. I'm heavily nearsighted, but with most states you can take the exam with corrective lenses, on condition that you get a restriction put on your license that requires you by law to wear glasses/contacts while driving.

They also had a section to write any physical or mental disability that "may interfere with your driving ability." I have an Asperger's diagnosis, but I didn't write it down because it doesn't and shouldn't affect my ability to drive in any way.

The first mistake you made was mentioning Asperger's in the first place. Now given, they did put you through a medical exam, but since you got a pass grade from that, you should have been ok with not mentioning it. The review is only supposed to deal with conditions that may interfere with one's driving ability; however, the fact that you voluntarily disclosed your diagnosis before the committee implies that it DOES affect your driving ability, even though you and I know it doesnt.

Given, that was a mistake, but everyone makes mistakes. Now here is my advice to rectify your mistake:

First, get legal counsel. Even if you don't need a lawyer to represent you, it helps to have one. Their job is to learn about the convoluted labryinth that is law and invoke it to the client's benefit; thus, they will know the appeal process better than you will and can help you in that respect.

Second, get an expert opinion. If you have a psychiatrist that you visit, talk to them about it. They should be able to present medical evidence that you are indeed fit to drive, which you can then review before the committee.

Finally, prepare yourself mentally for the task of driving, because I can forsee one of the possible outcomes of your appeal being a practical exam to ascertain your ability and whether or not your mental state affects it. If it comes to that, make sure you know what you're doing. If you blow them out of the water with your superb driving skills without faltering, there is no way in legal hell they can deny you a license. But you'll probably be under more scrutiny than the average applicant, so if you'll pardon my language, don't f**k it up.

The law is on your side. Like Tory said, states can't deny licenses unless the person is an illegal immigrant, has previous traffic offenses resulting in a suspended license, is physically/mentally unfit to drive, or other reasonable cause. The phsycially/mentally unfit clause is usually reserved for severe cases, i.e. amputation of limbs, schizophrenia or other psychosis - i.e. when the person endangers himself or others by attempting to drive. Aspergers does not fall into this category, therefore with a proper appeal they should give you the go-ahead.



michillimackinac
Blue Jay
Blue Jay

User avatar

Joined: 30 Aug 2008
Age: 47
Gender: Male
Posts: 81

10 Nov 2009, 3:28 am

Roxas_XIII wrote:
I agree, that is f****. What state do you live in?

A state that I previously believed was full of well-educated, intelligent people.



Roxas_XIII
Veteran
Veteran

User avatar

Joined: 8 Jan 2007
Age: 33
Gender: Male
Posts: 3,217
Location: Laramie, WY

10 Nov 2009, 3:10 pm

michillimackinac wrote:
Roxas_XIII wrote:
I agree, that is f****. What state do you live in?

A state that I previously believed was full of well-educated, intelligent people.


Well, that rules out Tennessee...



ChangelingGirl
Veteran
Veteran

User avatar

Joined: 18 Sep 2007
Age: 38
Gender: Female
Posts: 1,640
Location: Netherlands

10 Nov 2009, 4:02 pm

I don't have a license cause of I'm blind, but I know from other people that licensing docs can be bigots. Still, I think they can't deny you a license based on something they haven't objectified somehow. In the case of a psych diagnosis this would mean an official diagnosis.



Jkid
Velociraptor
Velociraptor

User avatar

Joined: 19 Jan 2008
Age: 36
Gender: Male
Posts: 487
Location: College Park,MD

10 Nov 2009, 10:36 pm

michillimackinac wrote:
Recently, several years after achieving the legal age limit, I attempted to get my driver's license. I was required to submit to a review by the state medical board. I passed examinations by two doctors. At the interview, I mentioned in passing that I had Asperger's, and talked about a couple of difficulties it caused for me. Those idiots completely ignored the recommendations of my doctors and denied my license...based on the fact that I have Asperger's. I didn't even provide any sort of official diagnosis document. I just said that I had it.

Oh, well, I guess I should have known they would listen to me, considering I have dual degrees in psychiatry and neurology and am currently the dean of Johns Hopkins. Oh, wait, no...I'm just a college student!


Get a lawyer, it's obvious discrimination by disability.



Vashna
Velociraptor
Velociraptor

User avatar

Joined: 19 Apr 2008
Age: 35
Gender: Male
Posts: 462

11 Nov 2009, 3:33 am

I don't have a license because my Autism spectrum condition really is severe enough to restrict that kind of thing. However, when going through that time in my life, I never recall seeing anything forbidding Asperger's patients from getting their license. That's uncalled for!



Observer20
Tufted Titmouse
Tufted Titmouse

User avatar

Joined: 11 Jun 2009
Age: 37
Gender: Male
Posts: 48

11 Nov 2009, 8:38 pm

Where I live you have to take a written test and you have to get better than a 70 to pass. Never heard of having to take a medical test though.