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Ask Maverick Your Own Question
Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 5766
Experience:  20 years experience as a civil trial and appellate lawyer
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The DMV wants to suspend my DL because of the limited use of

Customer Question

The DMV wants to suspend my DL because of the limited use of my right leg after brain surgery. They have allowed me to drive until mid August. I have been going to Physical Therapy and it is improving. I got a letter from the DMV in July saying I had 60 days to comply with a retest to make my DL valid - both written and road. A doctor communicated with the DMV that my right leg/foot was slow in responding. I contacted the DMV to find out which DR reported me, but they say that the name is ***** ***** Is there such a law/rulling that I cant find out who complained about me? I have a hearing in the near future on this matter. My DL is not being suspended because of a traffic or felony violation. Can you help me in getting the tests requirement revoked?
Submitted: 4 months ago.
Category: Legal
Expert:  Maverick replied 4 months ago.

1. I am not aware of any law that would prevent such disclosure. It should be noted in the medical records which you can request from each doctor that treated you. Or, you may be able to get it through a freedom of information act request upon the State/DMV. Also, if there a lawsuit pending, you may be able to get this information through discovery.

2. If you have any chance of getting the testing requirement revoked, it would to sue the DMV in a declaratory judgment action and ask for a court order that says that the DMV has no right to retest you. However, given the circumstances I think the court will side with the DMV.