Driver's license deprivation at Huntington's Chorea

Mainz Administrative Court: Also permissible due to decreasing performance
Mainz (jur). The hereditary disease Chorea Huntington can lead to a withdrawal of the driving license. Not only the risk of involuntary movements, but also the diminishing performance and resilience can justify this, as the Mainz Administrative Court ruled in a judgment published on Monday, June 26, 2017 (Ref .: 3 K 638 / 16.MZ).

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The over 70-year-old plaintiff was diagnosed with Huntington's disease in 2012. This disease, also called "hereditary St. Vitus dance" in German, destroys brain areas that are responsible for muscle control. This leads to uncontrolled muscle movements, but also to an impairment of intellectual ability and memory.

The number of people affected in Germany is estimated at 10,000. In the dispute, the woman had other illnesses, including restless legs syndrome (RLS), a strong and often uncontrolled urge to move the legs.

In 2014, the woman drove her car onto a caravan. In a review of fitness to drive initially showed uncoordinated twitching movements. A medical expert also noted "massive performance impairments" and came to the conclusion that the woman was no longer suitable for driving.

This was followed by the Administrative Court. In support of the ruling, the Mainz judges declared that Huntington's disease was a serious condition of the nerves. It excludes the driving of lorries immediately, driving by car or motorcycle are allowed only in mild cases.

The woman had argued that her Huntington's chorea was still in a mild state. Her motor unrest let the driving still.

The Administrative Court took the opinion from different, but ultimately could do without. At any rate, "the psychophysical capacity required is no longer there". In all areas tested - such as resilience, orientation, responsiveness and concentration and attention - she had not met the minimum requirements. To make matters worse here is the lack of insight of the woman added.

For the protection of the general public, the driver's license was therefore rightly accepted, the Mainz Administrative Court said in its judgment of 14 June 2017. mwo / fle