HomeMy WebLinkAbout96-03191
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4. On or about December 12, 1994, petitioner was involved in
a hunting accident which caused damage to his brain, As a result
of this brain damage, Petitioner has suffered from seizures,
5. Petitioner's last seizure was on or about March 25, 1996.
At chat point, Petitioner's treating neurosurgeon, Dr. Francis J.
Janton, prescribed Tegretol in order to control Petitioner's
seizures,
6. Petitioner has had no seizures since taking Tegretol.
Therefore, petitioner has been seizure free for approximately two
months.
7. Respondent has indicated that in order to have his
driving privileges reinstated, Petitioner must be "seizure free"
for six months.
8. A suspension of Petitioner's driver's license is improper
because, first, petitioner can establish at a hearing that he is
not a danger to other motorists and that he is not incompetent to
operate a motor vehicle.
9. Second, Respondent's "six month seizure free" requirement
violates procedural due process by creating an impermissible
irrebuttable presumption that if a person has suffered a seizure
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Exhibit A
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