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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 114019
Experience:  Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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I have a concern with the CA DMV. I had two unfortunate

Customer Question

I have a concern with the CA DMV. I had two unfortunate accidents in one year, and that is exactly what they were, ACCIDENTS. The last one was June 2016 and it totaled my car. I have the other party suing (sued) my insurance. I have tried many times to get a total amount paid out from my insurance company, but no luck. They have simply told me that if the other party wants more than my policy allows, they have to provide me with an attorney. Now I have this "reexamination" from the DMV. I had my first appt. on 8/30 at the San Bernardino Driver Safety Office. The "Officer" was a total snot (to put it mildly), she was not nice AT ALL!!! She questioned my medications (depression) even though I had a COMPLETED medical form from my GP. It was gone over with me, and he's been seeing me for 9 - 10 years. She requested another form from a specialist. He can't fill it out because he doesn't give physicals! He is seeing me for two blown discs and a cyst in my back! I have only been under his care for two years. She asked me (very nastily) why I was seeing a Neurosurgeon if I didn't have surgery?? I did not understand that question, besides the fact that I was referred to him by my GP, and he's given me epidurals, but sees me everyt five months. This is absurd. She is non-budging, period. Well, then I will FAIL the 'reexamination' because she believes (obviously she is ignorant of the fact that getting these things done takes longer than a week and a half?), and there is simply NO WAY to complete this. I was to have everything back to her by September 13, and the Dr. who is a specialist hasn't even gotten to the paperwork yet, I called this morning! So I telephoned this DMV Officer Diaz and she says no way. So, how the heck am I supposed to comply when I've done ALL and not been able to do so? What are my rights here? I need to know, I'm thinking I need to retain an attorney to handle this for me. I don't have any clue how to handle this officer on my own. She is not a nice person whatsoever.
Submitted: 6 months ago.
Category: Personal Injury Law
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
In order to defeat DMV on these cases, an attorney cannot do anything until they do something on your license. So you need to get a letter from your neurologist saying just what you said above, that it is outside of his specialty and he does not perform such an examination, but he also needs to say in there that the condition he is treating you for does not impair your ability to drive.
Before they flat out deny your license, an attorney cannot intervene with the DMV officers. Once they deny your license, then you would need an attorney and they file an appeal in the DMV administrative hearing court and that is where you will have to bring in all of your doctors to testify.

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