Rose Mergenthal is evaluated by an occupational therapist Thursday at HealthSouth Rehabilitation Hospital in Richmond. A family member or health-care provider made an anonymous call to the DMV claiming she is unfit to drive. PETER CIHELKA/THE FREE LANCE-STAR
The Virginia Department of Motor Vehicles can revoke drivers' licenses with 15 days notice or less; little-know law causes difficulty for Stafford woman
After almost 60 years on the road, Rose Mergenthal has a perfect driving record.
She has never had a speeding ticket.
The only crash she was involved in, a decade ago, was a fender bender caused by another driver.
Yet Mergenthal, 80, recently opened a letter from the Virginia Department of Motor Vehicles informing her that her driver's license would be suspended in five days.
A family member or medical provider sent DMV information claiming that she was unfit to drive. DMV refuses to reveal the person's identity.
Now the burden is on Mergenthal to prove she deserves a license.
She had five days to get her doctor to test her vision and verify her medical condition, and send the report to DMV for review. Otherwise, she was stuck at home.
Typically, drivers in Mergenthal's situation get 15 days to respond, but the time was reduced in her case.
"I was just flabbergasted," said Mergenthal, who lives off U.S. 17 in Stafford County and has been driving since her early 20s. "I passed the driver's test last year around my birthday and passed with flying colors. It was just a total shock to me."
Mergenthal said she is in good health and is comfortable behind the wheel of her late-model Buick Century sedan.
It's the law
A little-known state law allows anyone to question a person's fitness to drive, regardless of age.
Under state law, doctors, physician assistants, pharmacists, nurse practitioners and family members can tell DMV they believe a resident is unfit to hold a Virginia's driver license. Anyone can make such a claim, but the law keeps the identity of family members and medical professionals confidential.
The Virginia General Assembly passed the law to protect the public using state roads, said DMV spokeswoman Melanie Stokes.
The original law was passed in 1950. In 1978, the law was changed to allow anonymous reports filed by family members. Doctors were added in 1988, and the privacy scope was expanded in 2004 to include pharmacists, nurse practitioners or other licensed professionals who are prescribing medication.
Two of Mergenthal's four children live in the Fredericksburg area. While her license is suspended, they drive her to mass at St. Mary Catholic Church, her bowling league meetings and medical appointments.
Thanks for the *77 info.(posted by
staffmom
, June 11, 2008 5:07 pm)
I'm a transplant and am aware that Stafford was once a rural community. I feel horrible for those seniors who could still safely drive if it was still rural but not not that the suburban style driving has taken over. We need to drive with respect and slow down. Grandma should not have to give up her license because Sam Suit and Suzie Soccermom feel a need for speed. Oh, and don't forget Dump Truck Drivin' Dave!
slightly off topic...(posted by
btrflykys
, June 11, 2008 3:06 pm)
but i saw that someone had said something about wanting to know if there was any way to report drivers other than DMV. If you are witnessing a dangerous situation, (ie. road rage, driver swerving, etc.) you can call #77 on your cell and report it. they will dispatch a trooper that is in the area and if that trooper feels the need to do something- they will handle it. Not alot of people know you can do it but it can come in handy and you get immediate assistance.
Larry... Apples and Oranges(posted by
Ron_C
, June 10, 2008 3:38 pm)
you are trying to compare a policy in place to protect against someone who is medically unfit to drive with a person using a cellphone. If you read the article the person puting forth the claim must be a family member or a medical provider for the person in question. Not just a stranger that was angry you didn't let them in front of you at the merge.
Due Process(posted by
larryg
, June 10, 2008 2:16 pm)
You get that same letter in the mail and it says that you were observed talking on a cell phone while your car was veering and you almost caused an accident.
Now some of you say this is not about due process and that a license is a privilege.
How would you feel if you got that letter and had not been talking on a cell phone or you were but never swerved?
How would you prove that what was said about you was not true?
Can you guys see this?
What are the procedures for reporting and are there safeguards?
Some of us need to go back to school...(posted by
amstaff
, June 10, 2008 1:36 pm)
Due process (more fully due process of law) is the principle that the government must respect all of a person's legal rights. Driving is NOT a legal right. There is no law stating that any of us has the right to drive. Other points of the article are debatable but please stop arguing that she deserves due process because that is not the case.
