TweetBeer drinker fights to get driver's license back
Tuesday, July 13, 2004
BY CARRIE CALDWELL
Of Our Lebanon Bureau
LEBANON - Keith Emerich regrets telling his doctors the truth.

The Lebanon man told doctors who were treating him for an irregular heartbeat that he drinks six to 10 beers a day. If not for his admission in February, Emerich, 44, said he would still have his driver's license.


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The state Department of Transportation recalled Emerich's license as of April 1 because he was reported by a physician as having a medical condition that impairs his driving ability. Emerich's medical condition, according to PennDOT, is substance abuse.

"The six to 10 beers was just an estimate. I'm a typical 'Joe Six Pack.' I come home, and I have a few beers after work," Emerich said. "I didn't know they could take away my license for that."

Now he's fighting PennDOT's decision, claiming he doesn't drink and drive. What he does at home after work is his business, Emerich said.

A hearing is scheduled before Lebanon County Court Judge Samuel Kline on July 29.

Emerich was wrong to think that what he told his doctor was confidential, said Tena Firery, research director for the Privacy Rights Clearinghouse, a California-based consumer education, research and advocacy program. State and federal privacy laws are riddled with exceptions, Firery said.

"Medical information is about the most sensitive information out there," she said. "Just because you tell your doctor something doesn't mean it doesn't leave the exam room. The exceptions are meant to protect people, but they do have disadvantages."

Some people are less likely to seek treatment or tell their doctors everything they need to know if doctors will disclose that information to others, Firery said.

Horace Ehrgood, a Lebanon attorney representing Emerich, declined to comment because of the upcoming hearing. But Harrisburg attorney John B. Mancke, a traffic law expert, said PennDOT overstepped its bounds when taking Emerich's license.

It's the first time Mancke and several other attorneys could remember PennDOT recalling a license in anything but a drunken driving case.

Mancke said Emerich's case raises serious questions about a person's right to privacy, mainly because PennDOT doesn't have to reveal who provided the information.

The law requires physicians to report anyone older than 15 who has a medical condition that could impair his or her ability to drive safely. If the physician doesn't provide the information within 10 days of the examination, the law states, the doctor risks civil and possible criminal charges.

Anthony Haubert, a PennDOT spokesman, said medical conditions range from seizures to poor eyesight to substance abuse.

A person doesn't have to use the drug or substance while driving to lose his or her license, said Maryann Haft, another PennDOT representative.

"It's based on the doctor's recommendation at the time of the examination," Haft said. "This has been around for a long time. It's nothing new but, unless you've had it happen to you, you probably wouldn't know it happens."

Haubert said PennDOT recalls 5,000 to 6,000 licenses a year, but the agency doesn't track the reasons for the recalls. Many are temporary suspensions but others, such as Emerich's, can't be restored until he proves that he has sought treatment.

Emerich was diagnosed as having atrial fibrillation, a fast, irregular heartbeat that affects 2 million Americans. Heart disease, lung disease, smoking and excessive alcohol and caffeine intake are among the causes of the condition.

Emerich said he believes the doctor who diagnosed him with atrial fibrillation reported him to PennDOT, but he said he doesn't know for sure.

Attorney Joseph Ricci of Harrisburg said PennDOT is within its legal rights to recall the driver's license of a person they believe could harm the public.

There have been cases that test a doctor's obligation to report his or her patients to PennDOT. In Witthoeft vs. Kiskaddon, a doctor was sued for not informing his patient that her poor eyesight prevented her from driving safely, Ricci said. Dr. James C. Kiskaddon's patient hit and killed a bicyclist with her car.

The state Supreme Court ruled in 1999 that the doctor was not liable for the death.

But, Ricci said, the idea of PennDOT's requirement is to prevent these accidents from happening.

"The safety of the public good takes precedence over a person's privacy. Right to privacy is not absolute," Ricci said. "Driving in Pennsylvania is a privilege, not a right. You have to meet criteria set by [PennDOT] in order to drive, and one of those criteria is not having a condition that could impair your ability to drive safely."

According to his medical records, Emerich's irregular heartbeat could be "possibly related to his heavy alcohol use. ... He needs to decrease his alcohol consumption."

Emerich insists he doesn't drink and drive anymore. He had one DUI conviction 23 years ago, when he was 21. Since then, he's had a clean work and driving record.

Scott Popson, Emerich's boss at Eagle Graphics Inc. in Annville, said Emerich is a good employee who has had a clean work record for the past 15 years. He has never appeared for work intoxicated or with alcohol on his breath, Popson said.

"He's never caused us any problems," Popson said.

Having his license taken away has made Emerich re-evaluate his drinking. He has cut down on the weekdays, but says he still indulges with a six pack on the weekends.

"If it's gonna mess up my heart, then, yes, I think I have a problem. But I'm working on it," Emerich said. "They had no right to take away my license. I don't drink and drive."

CARRIE CALDWELL: 272-3759 or ccaldwell@patriot-news.com



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Copyright 2004 The Patriot-News. Used with permission.

TweetThey were wrong to take his license I think.