Driving is a necessity for many Americans, but as people age driving can become more difficult and more dangerous. Increasingly, courts are being asked to resolve disputes between elderly individuals who wish to continue driving and states that want to revoke their driving privileges. Missourian Nelson Leaton, who was born in 1914, recently lost one such case. Leaton v. Director of Revenue (Mo. Ct. App., No. WD 65229, April 11, 2006).
In November 2003, Mr. Leaton visited his local driver's license bureau to submit a form describing his vision. A license bureau technician noted that Mr. Leaton was unable to sign his name in the proper place on the form, although he was able to identify four road signs on a highway-sign recognition test. Mr. Leaton was ordered to submit to a physical examination in order to retain his driving privilege.
The examining doctor reported that Mr. Leaton suffers from a permanent eye condition known as macular degeneration, but stated that Mr. Leaton "is capable of operating a motor vehicle safely and responsibly." Nevertheless, the physician recommended that Mr. Leaton undergo a driving skills test. The license bureau ordered Mr. Leaton to take the test, which he failed three times. His mistakes included driving down the middle of the road and driving over the parking pole when parallel parking. The license bureau then revoked Mr. Leaton's driver's license.
Mr. Leaton sued the state, claiming that it had no right to make him take the road test. At a hearing he testified that losing his license would pose an extreme hardship because he needed to drive to purchase groceries and medicine for his terminally ill wife. A circuit court reinstated his license, ruling that the license bureau should not have ordered any further testing after Mr. Leaton's doctor said that he was capable of driving safely. The state appealed the ruling.
The Missouri Court of Appeals disagrees with the lower court and revokes Mr. Leaton's license once more. The court holds that "[g]iven the public safety issues that are at stake when a potentially unqualified driver operates a motor vehicle on public roads and highways," the license bureau had good cause to order the driving test.
To read the court's decision in this case, Leaton v. Director of Revenue (Mo. Ct. App., No. WD 65229, April 11, 2006), click here.
For an article on "Aging Drivers and the Law," click here.
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