Mainz( jur).The hereditary disease Chorea Huntington may lead to a withdrawal of the driving license. Not only the risk of involuntary movements but also the diminishing capacity and resilience can justify this, as the Administrative Court ruled in a judgment published on Monday, 26 June 2017( Note: 3 K 638 / 16.MZ).
In the over 70 year old applicant was Chorea Huntington diagnosed 2012.This disease, which is also referred to as "hereditary disease", leads to the destruction of areas of the brain responsible for muscle control. This leads to uncontrolled muscle movements, but also to an impairment of intellectual abilities and memory.
The number of persons affected in Germany is estimated at 10,000.In the case of the disease, the woman had other diseases, including Restless Legs Syndrome( RLS), a strong and often uncontrolled movement urge of the legs.
In 2014 the woman drove a caravan with her car. In a review of the fitness to drive, uncoordinated twitching movements were first shown. A medical expert also noted "massive performance impairments" and came to the conclusion that the woman was no longer suitable for driving.
The administrative court followed. The Mainz judges stated that Huntington's chorea was a severe nervous disorder. It immediately excludes driving of vices, trips by car or motorcycle are only allowed in light cases.
The woman had argued that her chorea Huntington was still in an easy state. Your agitation still allows driving.
The Administrative Court drew a different conclusion from the opinion, but ultimately this could be the case. After all, "the necessary psychophysical performance is no longer given".In all areas tested - such as resilience, orientation, responsiveness and concentration and attention - she did not meet the minimum requirements. To make matters worse, the woman's lack of insight into the situation is also a factor.
According to the Verwaltungsgericht Mainz, in its judgment of 14 June 2017, the Court of Justice of the Federal Republic of Germany has rightly dismissed the driver's license for the protection of the general public