Legal Question in Employment Law in California

SEEKING LEGAL COUNCIL

Clean record but randomly selected to retake California CDL (Class A) road test. Failed both attempts and license was downgraded to class C causing me to loose my job and barring me from any future employment requiring a CDL.

Purpose of retest was to verify integrity of DMV's 3rd party examiners, according to Motor Carrier law 49 CFR Part 383.75 (a)(2)(iv). DMV clearly had option to use State employee, rather than a licensed driver. I�m challenging the constitutionality of the Federal law and DMV using me as little more than a random instrument for verifying that one of THEIR 3rd party certificate holders is doing his job.

Seeking council to obtain immediate injunction that will permit me to resume my career pending further investigation and later to recover damages and loss.

Please, NO UNRELATED SOLICITATIONS

Abstract available.

[email protected]


Asked on 2/20/11, 1:36 pm

1 Answer from Attorneys
Isi Mataele 'Isi Mataele Attorney at Law

It would be difficult to challenge the law because it is subject to rational basis review. There appears to be a basis. What basis do you think it violates the Constitution?

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Answered on 2/20/11, 5:58 pm


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