Migraines and Our Driver's License

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Evidence of a condition that "may affect the ability to safely operate a motor vehicle" can be any evidence, and can come to a MVC through the observation of a police officer, or through anyone else's observation or report, including the individual him or herself. So, yes, self-revealing can lead to scrutiny.

If we're flagged, we'll need to get medical documentation that we know the signs of a Migraine and we will not drive with one. We may also need to reveal the medications we are on, and let the MVC know we won't drive under the effect of the medications. We may have to retake either the written or the road test, or both. We may find ourselves under scrutiny for some period of time.

Is this fair? Surely, the case of our member above results from a gross misunderstanding of Migraine disease. She was clearly self-restricting, and she let the MVC know that she could not and would not drive with a Migraine. As many of you commented on my earlier article, some of us can hardly walk straight during a Migraine attack, let alone drive. Many of us would not try it. I have no doubt that MVCs everywhere are as ignorant of Migraine disease as are most of the public. 

The fact remains, however, that Migraine is highly impairing. Migraine attacks impair us in ways that we often would deny because we seem fine to ourselves. While most of us choose not to drive with a Migraine, if we choose differently, through concerns of convenience or mental fuzziness at the moment, the consequences can be severe. I don't want my driving privileges suspended and I don't want that to happen to you either. We do need to take this as seriously as we would drinking and driving - and just don't do it! Plan ahead for such times by preparing a list of phone numbers of friends or family members who can help us get places when we have a Migraine. For times when they may all be unavailable, keep the number of a taxi service on that list too.

Please, plan ahead, and be safe.

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Resources:

CA Veh. Code Sec. 12805

CA Veh. Code Sec. 12814

~ To the extent this sharepost contains legal information, it is legal education, not legal advice. No attorney-client relationship is created. ~

© 2009 Megan Oltman
Last updated 9/18/09.

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