Prescription to Drive?
By
Melissa Yeager, WINK News
Story Created:
Dec 28, 2009 at 5:26 PM EDT
Story Updated:
Dec 31, 2009 at 10:50 AM EDT
CHARLOTTE COUNTY, Fla-- Dawn Penwell trains service dogs to help people with disabilities gain independence. But Dawn lost some of her own independence at the DMV.
She went to renew her driver's license after her birthday. She passed the eye exam...then she says the examiner asked her if she had diabetes or heart disease.
"I said 'no,'" said Penwell, "She said have you been diagnosed with any other disease...i said 'MS.'"
Dawn says the examiner took her license and issued her a temporary permit.
The examiner also gave her paperwork requiring Dawn to have an exam by a physician.
"They're just not allowed to ask that under ADA laws and regulations," said Penwell.
The state of Florida's Department of Motor Vehicles says it does have the right to ask that question.
The DMV pointed us to the statute that says quote:
"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 state considers multiple sclerosis is one of those disease because it affects the central nervous system.
They say it is because its symptoms like paralysis and loss of vision are unpredictable.
"I feel very discriminated against just because i say i have MS," said Penwell.
Penwell says just because she diagnosed with the disease doesn't mean she's a hazard on the road.
"I'm functioning. I'm normal. I'm no different than you. I don't have a disability tag to be able to park in a disability parking space-- give me a break," said Penwell.
Penwell says going to the doctor is an unnecessary expense--especially since she lost her insurance when she lost her job last march.
Her income now comes from training dogs and she says this could put that in jeopardy.
"Losing my job was bad enough," said Penwell, "But I if I lose my dog training-- that's devastating! I mean that's part of my essence!"
In 2008, the Department of Motor Vehicles requested medical clearance for 7600 drivers in the state of Florida--and revoked license from 1700 of those people.
The DMV asks for clearances from any driver who has a progressive neurological diseases, Alzheimer's disease, epilepsy, fainting spells, dizzy spells, or alcohol/drug addiction.
Penwell says she plans to fight this in court. She feels under federal laws, she doesn't believe they should be able to ask her about her medical conditions.