Legal Question in Disability Law in California

Absurd traffic stop leads to DMV discrimination based on disability.

I wonder if the recent suspension of my driver's license is based on prejudice against my physical and mental disabilities. I'll have no trouble poking holes in the dubious traffic stop that started the whole mess. But in the process, I had to disclose my medical conditions and medications to the DMV hearing officer. I have ADD and I take prescription Oxycontin for chronic pain. (I don't yet know if the medical forms and educational info I have submitted will help.) I had to retake my drivers test and a few unfortunate habits revealed themselves - but the tester agreed traffic school could solve the problem and I hadn't endangered anyone. When I called the hearing ofc., she said she'd call back when she saw the results. Instead, I got a suspension notice in the mail. The operator scheduled a hearing but refused to let me speak to the ofc. Her report turned out to be a hasty misspelled paragraph blaming the driving mistakes on my ADD (also scientifically unfounded) and citing non-existent physical and mental testimony. I'm 46 with a previously perfect driving record. As usual, I have been professional and cooperative with everyone I have met. If they don't move me forward at hearing#2, what options do I have? Thanks!


Asked on 6/17/07, 5:57 pm

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: Absurd traffic stop leads to DMV discrimination based on disability.

You may have a discrimination claim - however, it sounds like you first need to discuss your matter with a DMV specialist who can advise you the best course to take. There are hearings and appeals available but which are a bit specialized. Search on this site or others to find a lawyer with such experience.

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Answered on 6/18/07, 12:48 pm


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