TAMPA, Fla. (WFLA) —Motorcyclist Cody Kurtz was killed after an 85 year-old driver pulled into his lane. Tampa police questioned that driver’s ability to drive, but for months, he was still allowed to get behind the wheel as the state reviewed his driver’s license.
Cody’s mother, Tammy Ferrer, tells 8 On Your Side the license review process is flawed.
The deadly crash happened in August. This man’s license is set to be revoked at the end of this month.
Ferrer argues that the process should not take this long. 8 On Your Side met Tammy six weeks after Cody, had been killed.
Tampa police said the driver pulled into Cody’s lane.
It wasn’t that driver’s first crash at that intersection. It was his second.
“All of our friends, our network, are all terrified to drive in this area. He’s still on the road,” said Tammy.
On body cam video of the crash from Aug. 27, police appeared concerned as well.
“He probably shouldn’t be driving,” said one officer.
The police reported the driver to the DMV, sparking a review of his license called a medical review.
Once notified, the driver has 45 days to provide info from their doctor. It’s presented to a board. The board has 90 days to render a decision.
In this case, the medical review process took about four months. State records show that the man’s license will be revoked on Dec. 31.
The DMV said he’s “incapable” of operating a car, for a “medical” reason.
To Tammy, the process is flawed.
“The police said it’s not within their power to take the license immediately from a driver, no matter how concerned they may be,” Tammy said.
So, should responding officers have more discretion?
Former Interim Tampa Police Chief Butch Delgado was not involved in this case, but he said in some situations, the process should be expedited.
“Between the time that they get cited for the citation and the re-evaluation check box is marked, maybe the solution is a temporary suspension until they can settle whatever the concern is,” he said.
Roger Futerman, a criminal defense attorney, says it would be appropriate but only in extreme situations.
“I’ve had situations where people have epilepsy or severe medical conditions where they clearly cannot drive, and those type of people cannot be on the road,” said Mr. Futerman. “It’s a tough call because the severity of the review to someone is massive, so they gotta get it right.”
Right now, the DMV cannot expedite the medical review process, therefore a potentially dangerous driver could remain on the road for months.
The DMV notes they want to give everyone due process.
According to Mr. Futerman, one entity does have more power. In certain cases, if there’s an infraction, a judge can immediately suspend a license.
