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Timothy D. Smith
Timothy D. Smith, Attorney
Category: Legal
Satisfied Customers: 2019
Experience:  10 years practicing IP law and general litigation
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I am a senior who has been diagnosed with an arthritic condition

Customer Question

I am a senior who has been diagnosed with an arthritic condition called ankelosing spondelitis. I am unable to turn my head . I have just been suspended from driving an automobile from the California Department of Motor Vehicles, and am preparing for a hearing on my case at the end of this month. I was given a drivers test, and failed it because I could not turn my head to see if card were in the blind spot of my left side. Following the test, I went to a auto parts store and purchased mirrors that were put on the rear view mirros on the right and left doors. They let me see approaching cars that I was unable to see becauseI could not turn my head to see them. Do I have a case to present at my hearing? I have a disability, but can remediate the disability with these mirrors. No being able to drive will seriously affect my life: driving to doctor's appointments, shopping, getting to regular church services, and going to restaurants.
Submitted: 1 year ago.
Category: Legal
Expert:  Timothy D. Smith replied 1 year ago.

I hope this message finds you well, present circumstances excluded. You absolutely have a case to present at your hearing. You need to focus the results of your hearing on just getting another chance to prove that you can drive with the assistance of the mirrors in a safe and steadfast manner.

 

Moreover, I would recommend that you get at least one physician note from a treating physician (although the more the better) to bring with you to the hearing in which they give you clearance to drive with the extra safety equipment.

 

There are numerous people with physical limitations that are no fault of their own that are licensed to drive...even when special equipment is necessary to assist them in their endeavors. Most of these people have medical letters of clearance on file with the DMV. This will make it much more likely that you get another chance to drive test. Once you test again, I have no doubt you will be cleared.

 

Things to bring with you to the hearing:

(1) Physicians letter or letters;

(2) Pictures of the new mirrors that assist you;

(3) A written statement that is notarized in which you state that with the assistance of the mirrors you are a safe driver and in which you state you have no intent to drive any vehicle that does not have such additional mirrors.

 

In the hearing be humble but confident in yourself and your case. The letter mentioned in (3) above is simply an additional item to illustrate your seriousness relative to this matter. You also need to stress the severe problems you will face without the ability to drive.

 

Let me know if you have any additional questions or comments.

Best wishes going forward!

Timothy D. Smith, Attorney
Category: Legal
Satisfied Customers: 2019
Experience: 10 years practicing IP law and general litigation
Timothy D. Smith and 10 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


Thjank you for your advice. I worked with disabled students as a shool pyschologist. Our aim was to halp them to benefit from the school environment taking their disability into consideration. It was our job to see that they benefitted by making adaptions. That is what I feel these mirrors are for me. Thanks for the advice.


 


Ray Maloney

Expert:  Timothy D. Smith replied 1 year ago.
Great! I wish you the best. Let me know if something else comes up that you need an answer for...best wishes!

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