Legal Question in Personal Injury in Virginia

I was put on a restricted to daylight license even though nothing about my vision has changed since my last medical statement sent into DMV. When I questioned this, they said I should have never been taken off of my vision restriction and that they made a "mistake." My ophthalmologist says my vision is stable, He believes I can drive at night safely, I've been doing so for a year on an unrestricted license (that DMV approved so long as I continued to submit a vision statement every year) with no accidents or problems at all. My record is completely clean.

I understand that according to their guidelines I don't meet the vision requirements to drive unrestricted, but they themselves bypassed these guidelines, allowed me to drive (so long as I continued to produce a yearly medical report from my ophthalmologist). Nothing has changed except apparently their minds.

Is there any legal remedy for this?


Asked on 6/23/10, 9:15 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

If the DMV made a mistake in applying their guidelines regarding a vision restriction for driving in your situation, then they are allowed to correct it once it comes to their bureaucratic attention (as a matter of public safety).

And, as long as this bureaucracy is treating you the same as it would treat any

other individual manifesting your particular vision impairments in applying

their particular guidelines for a restricted driver's license, I do not see what

you would have to complain about.

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Answered on 6/23/10, 12:58 pm


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