Summary
The 90-day period for DMV restrictions typically starts from the incident date. To appeal, wait for the written notice and follow its instructions. The DMV may reject a medical conclusion if it doesnt meet their standards or if they have additional concerns. Once you receive the notice, file a Request for Hearing with supporting medical documentation and evidence. Include a personal statement detailing the incident and your argument. Consult NAC 483.370(b) for specific regulations.Full Conversation
In Nevada. A medical incident occured in the past 3 years, last month. The patient reported to DMV, and filed a specialist medical report saying fit to drive. The DMV rejected the conclusion of the report, and seeks to impose the 90 days anyway. Under NAC *.*(b) the regulation allows for that exception through medical clearance. At what point does the 90 day clock start (i.e., since the incident itself?) and what do I need to do to get an appeal since I haven't received written notice yet? Also the specialist has refused to issue a new letter or contact the DMV.
Hey ****, here’s some info that might help:
- The *-day period typically starts from the date of the incident.
- To appeal, you will need to wait for the written notice from the DMV. Once received, follow the instructions for appeal.
Would you like help connecting with a local lawyer to assist you further?
Under what authority was it declined despite the medical conclusion
The DMV may decline a medical conclusion based on the following reasons:
- The specialist's report may not have adhered to DMV standards.
- Additional medical evaluations or tests may be required by the DMV.
- The DMV may have other information or concerns about the individual's ability to drive safely.
Would you like more detailed information on how to proceed with your appeal once you receive the written notice?
yes
Case Rating: *
To proceed with your appeal once you receive the written notice, follow these steps:
- Carefully review the notice for specific instructions on how to appeal.
- Gather any additional medical documentation or evidence to support your case.
- Submit your appeal within the timeframe specified in the notice.
Would you like more detailed information on any of these steps?
too generic. Cite NAC
Case Rating: *
Hi ****, I understand you need specific information on NAC regulations. Here's the relevant citation:
NAC *.* (b)
- The DMV may accept a medical evaluation indicating fitness to drive.
- If the DMV disagrees, they must provide written notice with reasons for rejection.
Would you like more detailed information on how to proceed with your appeal once you receive the written notice?
yes what should be filed
Case Rating: *
To proceed with your appeal once you receive the written notice from the DMV, you should:
- File a written appeal, typically called a "Request for Hearing" or "Notice of Appeal."
- Include all relevant medical documentation and evidence supporting your fitness to drive.
- Submit the appeal within the timeframe specified in the notice.
Would you like more detailed guidance on preparing your appeal documents?
yes
Case Rating: *
Sure, ****! Here’s a more detailed guide to prepare your appeal documents:
- Request for Hearing/Notice of Appeal: Clearly state your intention to appeal the DMV's decision.
- Medical Documentation: Include the specialist's medical report and any other relevant medical records.
- Supporting Evidence: Any additional evidence that supports your case, such as another medical opinion or additional tests.
- Personal Statement: A detailed account of the incident and your argument for why the DMV should reconsider their decision.
Would you like more specific details on any of these points?
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