Florida Statute Section 322.211(2)(C)-(3)
Did you receive an order of license revocation that notified you that your driving privileges will be revoked, suspended or canceled indefinitely because of being “incapable of operating a motor vehicle safely” for medical reasons under Florida Statute Section 322.211(2)(c)-(3)?
To resolve the issue, you are entitled to retain an attorney to demand a formal or informal administrative record review hearing to show that the revocation is not supported by sufficient evidence, the action is unjustified, and to present evidence showing why you are not medically incapable of operating a motor vehicle.
You can also contest the revocation by hiring an attorney to file a writ of certiorari (which is similar to an appeal) in accordance with Section 322.31 F.S. within 30 days of the date on the order (which is listed at the top of the notice).
Keep in mind that the request for an administrative record review does NOT toll the time in which to file a writ of certiorari in accordance with Section 322.31 F.S. An attorney can help you understand the deadlines so that you can determine the best way to proceed. Many advantages exist to preserving both avenues of attaching the order of revocation, suspension, or cancellation.
Attorneys for the Medical Suspension in Tampa, FL
The attorneys at the Sammis Law Firm typically charge a flat fee of $2,000 plus costs to help you with this process. We charge $400 up front for a one-hour consultation on the revocation issue to discuss your case and the best way to proceed. During the consultation, we will review your driving record and all of the correspondence that you received.
We can let you know what deadlines have been set and the best way to comply with the requirements. We can also suggest a strategy if you need our help to go through the process. If, after the consultation, you decide to hire the attorney to help you with the suggested strategy then the additional attorney fees (minus the $400 consultation fee) are due.
After demanding a formal or informal administrative hearing to contest the revocation, we can sometimes negotiate a resolution by providing additional documentation to the Medical Advisory Board (MAB) using an expedited method. When the information is received and the case is forwarded to the MAB, then the driver will get a decision in writing. If after reviewing the new medical information and the MAB recommends the continued denial of the driving privilege, it provides an opportunity to request a hearing again.
If a resolution is not reached on an expedited basis, then an administrative hearing is scheduled. After the administrative hearing is held, there is a 20 day period for the hearing panel to make its recommended order, then there is a 15 day wait for exceptions to be filed, and finally the hearing panel has 45 days to make their final order.
We represent clients throughout the greater Tampa Bay area including Tampa and Plant City in Hillsborough County, Clearwater and St. Petersburg in Pinellas County, New Port Richey and Dade City in Pasco County, Lakeland and Bartow in Polk County and Bushnell in Hernando County, FL.
Call today to schedule the initial consultation at 813-250-0500.
Codes for Medical Suspensions and Revocations
If you are found incapable of operating a motor vehicle you will receive either an indefinite revocation or a 12-month suspension. Neither the revocation nor the suspension for medical records come with any any opportunity to apply for a hardship license. For the 12-month suspension, after the 12 months have passed then you can request a hearing and apply for reinstatement.
If you receive notice of an indefinite revocation or 12 month suspension for a medical issues related to not being able to drive safely, then immediately contact an attorney who can help you contest the suspension or revocation.
The codes for an indefinite medical revocations of driving privileges include:
- 97 Incapable OP MV – Subject to Seizures
- 96 Incapable Operating MV Safely
- 82 Incapable Op MV – Blackouts
- 78 Incapable Operate Motor Vehicle Safely – Medical
Codes for the medical suspension include:
- 58 Incapable Operating MV Safely
- 56 Incapable OP MV – Blackouts
- 55 Incapable OP MV – Addict/Hab Use Narc
- 54 Incapable OP MV – Habitual Drunkard
- 53 Incapable OP MV – Subject to Seizures
- 06 Incapable OP MV Safely – Failed Exam
You can hire an attorney to demand an administrative hearing to review the record if you receive an order of revocation.
Even without hiring an attorney, the the driver may, at any time, provide additional or updated medical information or a Certified Driver Evaluation by a Certified Driver Rehabilitation Specialist for reconsideration by the board.
Florida Statute Section 322.221 for the Medical Suspension
Florida Statute Section 322.221 provides:
322.221 Department may require reexamination.—
(1) The department, having good cause to believe that a licensed driver is incompetent or otherwise not qualified to be licensed, may, at any time upon written notice of at least 5 days to the licensee, require him or her to submit to an examination or reexamination. Good cause as used herein shall be construed to mean that a licensee’s driving record, a report as provided in s. 322.126, or other evidence is sufficient to indicate that his or her driving privilege is detrimental to public safety.
(a) The department may require an examination or reexamination to determine the competence and driving ability of any driver causing or contributing to the cause of any crash resulting in death, personal injury, or property damage.
(b) The department may, in its discretion, require any licensed driver to submit to an examination or reexamination prior to his or her normal renewal date upon receipt of a recommendation from a court having jurisdiction of traffic offenses, a law enforcement agency, or a physician stating that the driver’s ability to operate a motor vehicle safely is questionable. At the time of renewal of his or her license a driver may be required to submit to an examination or reexamination at the discretion of the examiner if the physical appearance or actions of the licensee give rise to serious doubt as to his or her ability to operate a vehicle safely.
(c) If the department has reason to believe that a licensee is physically or mentally unqualified to operate a motor vehicle, it may require the licensee to submit medical reports regarding his or her physical or mental condition to the department’s medical advisory board for its review and recommendation. The submission of medical reports shall be made without expense to the state.
(3) Upon the conclusion of such examination or reexamination the department shall take action as may be appropriate and may suspend or revoke the license of such person or permit him or her to retain such license, or may issue a license subject to restrictions as permitted under s. 322.16. Refusal or neglect of the licensee to submit to such examination or reexamination shall be ground for suspension or revocation of his or her license.
Demanding the Administrative Hearing for a Record Review
The notice also tells you that if you believe you have any legal basis to show cause why this action is unjustified, you may request an administrative hearing or RECORD REVIEW at which time any argument, other than the validity of a conviction, may be presented to a hearing officer for review. These hearings take place at one of Florida’s Bureau of Administrative Reviews offices.
A request for a record review shall not toll the time in which to file a writ of certiorari in accordance with Section 322.31 F.S.
Additionally, you can appeal the order through a writ of certiorari within 30 days of the date of this order by following the procedure specified in Florida Statute Section 322.31.
Florida Statute Section 322.13 provides:
322.31 Right of review.—The final orders and rulings of the department wherein any person is denied a license, or where such license has been canceled, suspended, or revoked, shall be reviewable in the manner and within the time provided by the Florida Rules of Appellate Procedure only by a writ of certiorari issued by the circuit court in the county wherein such person shall reside, in the manner prescribed by the Florida Rules of Appellate Procedure, any provision in chapter 120 to the contrary notwithstanding.
This article was last updated on Monday, May 11, 2020.