Medical suspensions of driving privileges in Texas can be very complex. These types of driver license suspension actions can also be frustrating due to the fact that the communications that are sent by the medical advisory board for the state of Texas can be convoluted and/or misinterpreted by the person whom they seek to revoke. This article is intended to help those that have been notified of a medical suspension of their driving privileges by the Texas medical advisory board. If you would like to discuss your medical suspension with an experienced lawyer in North Texas after reading this article, feel free to contact us at 214-321-4105.
Medical Advisory Board
Medical Advisory Board Suspension
The Texas Medical Advisory Board is responsible for reviewing instances where a person is alleged to have a medical condition that would make them a danger on the roadways in Texas. We have seen the simple mistake of answering a question wrong on the driver license renewal form cause a medical suspension. In most cases, the Department of Public Safety is informed in some way of a medical issue that would cause concern. After that medical issue is brought to the attention of the Department, they will then submit the issue to the medical advisory board for review. Once the medical advisory board determines the medical issue could cause a danger to Texas drivers, they will then send a notice of revocation to the person.
The Medical Revocation Hearing
The hearing is conducted in a justice of the peace court where the person resides. In most cases, the judge will make a determination based on all the evidence presented at the hearing on whether or not to agree with the medical advisory board and suspend or revoke the person’s license or to dismiss the action altogether. The judge hearing the case is a very important person in the process. If you are attending a hearing for a medical suspension, dress and act appropriately. Be concise. Make sure you have good medical records to establish you are not a danger on the roadway.
Requesting The Medical Revocation Hearing
Texas Medical Advisory Board
The medical advisory board will send a letter to the last known address of the person indicating their determination that the person’s license should be revoked. It is the responsibility of that person to object within 20 days of receipt of the letter. If an objection is not made, then the suspension occurs by default 45 days after the 20 day objection period passes. If you need to object, and are not sure how. Click on the link below and fill out the information on the online form. The DPS online form will log your objection and generate a hearing date. The hearing date can take up to 3 months to schedule, so stay patient after submitting the online objection.
Understanding The Medical Advisory Board Guidelines
Medical Advisory Board Guidelines
The medical advisory board guidelines are where our defense lawyers begin when defending driver license revocations. The medical advisory board does a terrible job of outlining in detail the reasons for the driver license revocation. A person confronted with a driver license revocation gets 2 letters in the mail. The first outlines in the most general terms a single phrase reason for the revocation. The second letter outlines the State’s intent to revoke the person’s license. That is all a person gets in the form of notice. The guidelines however, can give great insight into what needs to be done to resolve any medical concerns the medical advisory board has. Our defense attorneys usually start with the reason for the revocation, and then look to the glossary in the guidelines to pinpoint the criterion used to by the medical advisory board. If the medical issue can be resolved per the guidelines, then the medical advisory board cannot deny a person’s ability to drive. Resources regarding the MAB guidelines can be found by clicking the link below:
Best Evidence To Submit At A Medical Revocation Hearing
The best evidence to submit is the opinion of a doctor. In all medical revocation cases, we encourage our clients to get their primary physician to fill out the medical advisory board packet and send it in the the medical advisory board immediately. Make sure that you get a copy of the fax confirmation when your doctor sends it to the medical advisory board. Also make sure that the doctor is indicating in the medical packet that you are not a danger to drive on the roadways in Texas based on their medical opinion. Once the medical evaluation form is completed you will need to send it to following address, email or fax:
- Mail: Texas Department of State Health Services ATTN: Medical Advisory Board (MC 1876) PO Box 149347 Austin, Texas 78714-9909
- Email: dshsmab@dshs.texas.gov
To find a copy of the medical evaluation form click here.
Hire A Lawyer for a Medical Suspension of Driving Privileges
After reading this article, if you would like to discuss your medical suspension of your driving privileges with a legal professional, feel free to call 214-321-4105. Our experienced attorneys can review your suspension action to determine if there is a legal defense to the suspension of your driving privileges.
