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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4993
Experience:  Extensive experience representing employees and management
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Hi Joseph, I was writing on the Just Answer site when I got

Customer Question

Hi Joseph, I was writing on the Just Answer site when I got a notice popup that you needed more info from me, but when I tried to find your reply - request I could not. Did you reply this morning? I understand that my issue is not within your comfort zone entirely but I certainly appreciate any knowledge you have that is relevant since I have not been able to find lawyers willing to deal with my issue. I am in the process of filing a complaint with my SAP's Board of Certification, the CCBADC, which would be the first step in disputing the SAP's assessment of me an subsequent irrational - alleged illegal behavior. This step does not require legal representation, but it would be good to let their Board know I have consulted or retained an attorney to show I'm serious as well as have a valid complaint backed up by legal justification. I don't mind paying an attorney for help if it will indeed help as well as a percentage of damage recovery, which there is much damage. Can I take a case like this to small claims court? Can I take it to the TV shows like People's Court? If the SAP agrees we can go on TV. I'm sure there would be some interest there since it is an unusual case that other wrongly accused "users" would love to weigh in on, since the SAP seems to have an unfair advantage from the outset in cases like this. There is a need for institutional change in drug policy here.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello,

Small claims court is only for breach of contract claims, not malpractice or anything like this, and this is way too complicated of a case for something like people's court. (I do like the show, but no professional in his or her right mind ever agree to appear on that show regardless).

The CCBADC has nothing to do with Substance Abuse Professionals under the DOT (it is a state board, the DOT is federal), and wouldn't be able to address your complaint, since they come under federal jurisdiction.

I sent you the appropriate place to take those complaints in the other question.

-----
This is just my opinion below, take it as you will:

As far as the institutional change, I don't think that's going to happen with the DOT, and personally I don't really think it's a worthwhile cause to pursue. Yes there are people who take opiates legally and as prescribed, but no one wants those people behind the wheel either, so it's highly unlikely that's going to happen. Also, like every inmate claiming innocence, many addicts claim not to be addicts, and prescription drug abuse is only increasing, so if anything we're probably headed for more regulations not less. Unfortunately, this can punish people who are not addicts, but I think that's the 'social cost' of the policy to ensure sobriety and safety on the road.

Also, as a member of NORML myself, marijuana legalization is coming at a cost involving mandatory DUI/DWI charges for certain THC levels in the blood (like the .08 rule for DUIs). There will almost certainly never be a movement to lower the penalties for driving under the influence of any substance (not in our country at least) or to change DOT standards for positive drug tests.

And, to note, you can very easily be convicted of a DUI while on a prescribed dosage of a prescription as long as it impairs your ability to drive, it's a DUI.


Joseph, Lawyer
Satisfied Customers: 4993
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

I am very anti-drugged driving and do not think people should be allowed to drive with any amount of alcohol, THC, opioid, or amphetamine, in their system. I never drive with any trace amount of those substances, personal or commercial vehicle, in my system, although back in college and high school I admit to all of it. I'm lucky to have survived the 60's.


As a commercial driver of 45 years without an injury accident, traffic ticket, or insurance claim against me, I would like to see more public transit for people who like to go places under the influence. More job security for me and less insecurity on the road with impaired drivers.


I smoked marijuana all through college and still graduated from UCLA with honors in '73. Maybe I would have become lawyer out of college if I did not smoke so much instead of getting a great job with Pfizer, world's largest drug company, for 20 years before semi-retiring to Yosemite to be a busdriver 25 years more. When I retire from busdriver I'm sure I'll smoke pot again, medicinally, for my arthritis and allergy to reality. I loved that drug. After laying off it for 40 years it might feel like the first, the very first time.


If I did not love my job so much I would retire sooner now that my house is paid off and I'm collecting Social Security. Maybe I'll just work seasonally and join a traveling rock band 9 months a year. I hear THC doesn't show up on the pre-employment drug test if you just quit for about 2 months before the test. Opiates can be metabolized out in 3 days, except for me, about 4 days, maybe 5 to be safe so I don't get fired again.


I mentioned the CCBADC regarding my SAP because that is where the Code of Ethics she violated is written. My complaint against her will go to the other board which is not federal or state, but where she got her CADC II. I already talked to them and know the procedure. I was hoping to get some legal advice from attorneys who have represented workers with SAP issues. I believe there are none so I'll have to wing it without counsel.


As a commercial driver I must obey strict rules and know the slightest misjudgment at my hands could kill lots of good people or seriously change their lives. I am aware of that every time I check out the bus and count my blessings that I have never injured another human in 45 years of commercial or personal driving.


As an attorney you must follow rules and be held accountable in your profession, although probably don't risk lives every day as I do in my job.


The SAP is not accustom to having a client with more knowledge of the law and prescription drugs than her, but I did work for the largest drug company in the world for 20 years and know well the drugs I dealt, legally. I did learn something when I went through the police academy about illegal drugs and investigation technique. I did learn about drug-testing DOT style given my participation implementing the first such program at Pfizer in the mid-1980s and them as a shop steward and contract negotiator for the teamsters for many years.


It is my observation and opinion that the SAP made some mistakes and should be held accountable if the mistakes did serious damage financially and reputationally to others. If she disagrees then we have a conflict that seeks resolution If there were no conflicts in society seeking peaceful resolution we would have no use for attorneys.


If everyone wanted to drive themselves everywhere I would be out of a job. If professionals did not abuse substances we would have no use for substance abuse professionals, and onward.


We all just want to do stuff better so we have JUST ANSWER to help.


I'll see if there are any Substance Abuse Professionals in the Just Answer constellation of experts and ask them questions directly instead of through lawyers indirectly. It would seem to me that if there are any people out there abusing substances there should be a proportional amount of Substance Abuse Professionals online to advise how to abuse substances, or not.

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