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Yeah I've been diagnosed depression long before I was even able to drive. In the many years since, I was an alcoholic, meaning my right to drive was under scrutiny many times. Depression never entered into any discussion.
I think this is b8
This is likely b8, or missing a ton of info, but I’d say a 1/100,000 chance “get a second opinion and never see that provider again.” You’d need a phenomenally abysmal doctor to go to the DMV and assert, in writing, that your depression is bad enough to impair driving. But such doctors do exist, and I think if a doctor was enough of an asshole to do the legwork, it would be taken seriously.
I would think it would require some kind of court action.
That said, depending on the state, the DMV can and does operate independent of the courts, and doesn't have to wait for, or even abide, court orders, being an independent agency.
It's fucked up, I've been through it with a records mix up (yea, crazy this stuff does happen).
Found the law: https://casetext.com/regulation/utah-administrative-code/public-safety/title-r708-driver-license/rule-r708-7-functional-ability-in-driving-responsibilities-for-physicians-and-drivers
Apparently just having depression requires a medical review, and it seems like anyone who hasn't been completely asymptomatic for two years needs an annual medical report
Apparently if there's a mental health diagnosis, Utah puts a hold pending medical review: https://casetext.com/regulation/utah-administrative-code/public-safety/title-r708-driver-license/rule-r708-7-functional-ability-in-driving-responsibilities-for-physicians-and-drivers
Since my depression hasn't been totally asymptomatic for two years, I fall under Safety assessment level 2, which requires an annual medical report (or potentially SAL 6, depending on how seriously you take the side effect warnings on Zoloft)
I've been professionally diagnosed depression and sleep disorder for well over a decade and never had any issues with my license or had it come up. I agree, this smells.