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In just another example of law enforcement's one-size-fits-all approach to drunk driving cases, Dr. Lance L. Gooberman, M.D., offers the following comments:
 

The National Highway Traffic Safety Administration, based upon studies done in 1977 and 1983, determined that standardized field sobriety tests were unreliable in those over age 60. This is reflected in the National Highway Traffic Safety Administration manual from 1991. In 2006 it was changed to age 65, however, this was not based upon any additional data.

A recent British study indicates that the breakpoint for reliability on field sobriety tests is the age of 40.   Dixon, Clark and Tiplady, Evaluation of a Road Side Impairment Test Device Using Alcohol, 41 Accident Analysis and Prevention, 412-418 (2009). This is more consistent from a medical perspective. Therefore, field sobriety tests cannot be relied upon in people greater than 40 years of age.
 

For further examples of the "one-size-fits-all" road to conviction, particularly with blood and breath alcohol analysis, see my earlier post Guilty…of Not Being Average?  
 

DUI BLOG

Many news stories involving elderly drivers involved in car accidents focus on the driver’s age. For example, when a man from Apollo Beach was in a motorcycle accident this month, the news stories often focused on the fact that he was 100 years old. When a woman crashed into a Chinese restaurant this month, mistaking her gas pedal and brake, it was widely noted that she was 80 years old.

Stories like these lead many to assume that older drivers are susceptible to car accidents. After all, the elderly are susceptible to many conditions, such as dementia and vision problems, which can significantly impact driving ability. However, a new study suggests that older drivers have comparatively fewer accidents when compared with younger drivers.

According to new numbers from the Florida Department of Highway Safety and Motor Vehicles, the 2010 crash rate for drivers age 80 and over in the state was 90 per 10,000. This compared favorably with a crash rate of 347 per 10,000 for drivers in the 15-24 age range. According to some experts, this may be because older drivers tend to drive a little slower and more cautiously. Some experts also suggest that extensively driving experience helps elderly drivers stay safer on the roads. A few experts have critiqued the numbers by noting that the elderly may drive fewer miles when compared with younger drivers, which may possibly impact the crash rate.

What is certain is that the issue of elderly drivers is an important one for the state. In the past five years, the number of drivers in the state who are 71 years or older has increase to 1.8 million – a jump of almost 100, 000. Since 2007, the number of Florida drivers who are 90 years of age has increased by almost 28%, with almost 65,000 Floridians age 90 or above on the roads today. Some counties, such as Hillsborough County, have an even higher rate of elderly drivers. According to the Florida Highway Patrol, there are over 455 Florida drivers who are aged 100 or older.

The recent studies suggest that Medley car accident caused by elderly drivers are perhaps not as prevalent as public perception suggests, but there are still many initiatives in place to help elderly drivers maintain their independence while having a low risk of Medley traffic accidents.

Current research is also being done at the University of South Florida School of Aging Studies to determine how to prevent Medley personal injury among elderly drivers. Researchers there have determine that cognitive ability rather than age and other factors are what matter when it comes to driving ability and safety. That research supports the Florida Department of Highway Safety and Motor Vehicles numbers in suggesting that elderly drivers are safer than many believe.

Florida Car Accident Lawyer Blog

Viral videos online and media news stories sometimes give the impression that older drivers are unsafe drivers. In fact, some states have special rules for older drivers, which require them to get re-tested for their license every few years. Rules such as this as well as popular perceptions of drivers have provoked a lot of controversy.

Although driving is considered a privilege, in today’s society it is considered very important for personal freedom. Driving allows people to remain independent, to work, and to remain active in their communities. It also ensures that they are not isolated. At the same time, however, it is important to keep everyone safe by removing unsafe drivers from the road. However, experts often disagree about whether tests for older drivers are age discrimination or simple safety precautions.

Some claim that testing for older drivers just makes sense because it ensures that dementia, vision loss, and other age-related problems do not affect driving skill. These experts believe that because drivers are so dependant on driving they may not readily surrender their privileges even if they have problems which can affect their driving. They also note that other high-risk groups – such as young drivers – have additional restrictions in place to keep accident rates low.

Other experts claim that elderly drivers do not have a worse driving record than any other age group and such tests do not necessarily remove unsafe drivers from the road. They also claim that drivers who are elderly may prematurely give up driving rather than submit to testing, even if they are safe on the road. Finally, some experts claim that if other age groups do not have submit to testing, elderly drivers should not have to submit to retesting, either.

In Florida, drivers over the age of 80 must take a vision test when applying to renew their license. There are 2 million drivers in Florida over the age of 65 and there are 250 000 drivers in the state older than 85. According to the Florida Department of Motor Vehicles, in 2009, 5928 drivers between the ages of 80 and 90 were involved in Florida car accidents. There were 116 fatalities caused by these accidents. That year, Florida had 629,699 drivers 80-90 years of age.

Florida Car Accident Lawyer Blog