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Driver's health woes temporary, but trouble lingers with license law
By Diana Griego Erwin -- Bee Columnist
Published 2:15 am PST Tuesday, January 25, 2005

Ron Grimme has stewed about this for about 18 months now, and he finally figured it was time to get serious about doing something.

Oh, he tried before and it didn't get him anywhere.

But that was then and this is now and he's hoping for better results. In fact, he sounds downright determined. If successful, his efforts could save a bunch of Californians a nice chunk of money.

The story starts back around Memorial Day 2003 when Grimme, now 61, found out he had a brain tumor. Doctors operated and got the darn thing out, but because the surgery temporarily affected the right side of his body, his doctor said he couldn't drive. Physicians are required to report such disabilities to California's Department of Motor Vehicles.

Grimme was OK with that. Heck, it made sense.

But he also went to rehab and, by and by, his mobility improved. In fact, much to the horror of his wife, he was driving his tractor around the couple's rural property outside of Auburn within three weeks of the operation.

Now don't get all upset. He also followed his doctor's order and didn't drive his car. Driving before the doctor cleared him would be irresponsible and Grimme knew it; besides, he said, he's always been a good driver.

In all, his license was suspended for about a month after the surgery. When his doctor cleared him to take a driving test, "I passed with flying colors," Grimme said.

The examiner even wrote "great driving skills" on the bottom of his test, he said. Three or four days later, the paperwork went through and Grimme was cleared to drive.

Grimme was pleased as could be until his automobile insurance automatically came up for renewal some months later.

Whoa. Surprise.

Grimme said he stared and stared at the bill. The numbers didn't look right. Then he figured out what it was. His "good driver" discount was gone.

Sorry, the insurance company said. You have a suspension on your record and that will remain there for three years.

Grimme explained the situation, that it was a temporary medical condition, emphasizing "temporary." It didn't matter.

Three years?

Yes, the DMV said.

Yes, said his insurance company.

It's just the way it is. It didn't matter what the suspension was for, he was told. It didn't matter that it had nothing to do with his actual driving skills or record.

Grimme says this just isn't right, and I agree. Sounds to me like just one more way for them to paint us in a corner and take our hard-earned money.

"I have not had 20 speeding tickets and six DUIs," he said. "I have not had any accidents. I have not mowed down 12 people at the farmers market.

"The DMV says the suspension stays on one's record for three years no matter why it was issued. No exceptions," he said.

A DMV spokesman said it's true. That is the way it is. State law. He even read it to me.

Grimme called the DMV and the state insurance commissioner's office to complain and said both agencies told him it would take legislation to change the law and make it wrong for insurers to punish him for a surgery temporarily taking him off the road.

He also called the office of his state assemblyman, Rick Keene, R-Chico. "Basically (his staff) looked into it and said, 'Yeah, that's the law,' and I said, 'I know! Change it,' " said Grimme, who, if you haven't figured it out by now, has a wry way of explaining things.

But no one has.

Changed the law, that is. Both houses of the California Legislature have committees that deal with insurance issues.

Meanwhile, Grimme's insurance went up and he's paying the price - along with who knows how many other Californians who lose their licenses over temporary medical conditions and then regain the privilege of driving in relatively short order.

"It's crazy," Grimme said, "to make a guy suffer when it was a temporary situation. It's just not right."

About the writer:
Reach Diana Griego Erwin at (916) 321-1057 or dgriego@sacbee.com. Back columns: www.sacbee.com/griego

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Disclaimer: The information presented on this site should not be construed to be formal legal advice. We are not attorneys and we encourage you to seek legal advice regarding your individual legal issues.

The Administrative Procedure Act (APA) found in California Government Code Sections 11400 through 11528, and CVC Sections 14100 through 14112 govern Driver Safety hearings conducted by DMV.