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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117369
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I NEED TO KNOW: HOW TO FILE A LAWSUIT AGAINST SOMEONE THAT

Customer Question

I NEED TO KNOW: HOW TO FILE A LAWSUIT AGAINST SOMEONE THAT REQUIRES A JURY TO DECIDE THE CASE? I NEED TO KNOW WHERE TO GO TO OBTAIN THE RIGHT PAPERS OR DOCUMENTS TO SUE. PLEASE HELP ME. I CAN NOT GET ANYWHERE ON MY OWN. SINCERELY, ***** ***** xxxx PLEASE ANSWER ME AT:***@******.***.

Submitted: 4 years ago.
Category: Legal
Expert:  Tina replied 4 years ago.

Hello and welcome.

My name is ***** ***** my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

What type of suit does this involve? You are looking for a sample petition to file with the court? Will the suit be in federal or state court?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 4 years ago.

MY DRIVER'S LICENSE WAS SUSPENDED BECAUSE: OF SPEEDING. I AM A100% DISABLED VETERAN WHO HAS A MEDICAL CONDITION: I HAVE TO TAKE ABOUT 10 OR 11 PILLS FOR HEART FAILURE. THE MEDICATION THEN INDUCES A PROBLEM: EXCESSIVE URINATION AND SUDDEN BOWEL MOVEMENTS. WHICH THEN FORCE ME TO SPEED OR HAVE AN ACCIDENT: BODILY ACCIDENT. THE CITY OR STATE POLICE JUST IGNORES WHAT I SAY AND WRITES ME UP FOR SPEEDING, SOMEONE NAMED "SAMUEL" FROM AUSTIN, TEXAS, SUSPENDED MY LICENSE IN APRIL OF 2012. THIS IS A VERY LONG STORY: I HOPE THAT I HAVE PROVIDED YOU WITH ENOUGH INFO. I'D LIKE TO SUE "SAMUEL AND THE TEXAS DEPT. OF PUBLIC SAFETY. REASON? I NEED TO DEFEND MYSELF AGAINST TWO SPEEDING VIOLATIONS; THAT WERE CAUSED BY: POLICE AND THE STATE. I WANT TO KNOW WHERE TO FILE: STATE OR FEDERAL COURT. THIS MATTER IS OVERWHEMING ME. I TRIED GETTING A LAWYER AND ALL LAWYERS DECLINED MY CASE. I JUST NEED YOUR INFO: ON HOW TO GET STARTED: 1. STATE OR FEDERAL COURT; 2. OBTAIN THE PROPER PAPERS TO GET STARTED.

Expert:  Tina replied 4 years ago.
I see. Thank you for clarifying the situation for me, Rolando.

Unfortunately, I've never handled this type of case, so I am going to opt out of your question and open this up for other professionals to get their opinion. You do not have to stay online for the question to be active, or rate this question yet as it would then discourage others from answering. Should a professional pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.
Expert:  Law Educator, Esq. replied 4 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Unfortunately, before you can proceed to court, you must file an appeal with the Texas Department of Motor Vehicles, since they have exclusive jurisdiction over issuing of drivers licenses. At the DMV administrative hearing you will have to present medical testimony from your doctor about these medications and your medical condition as well as your ability to safely drive while taking these medications. Under the Americans with Disabilities Act, you are entitled to a reasonable accommodation for having your driver's license and you will have to prove that the speeding is not an unreasonable action or unsafe action to others on the road as grounds to get your license reinstated.

Furthermore, if and when you get these speeding tickets in the future, you need to appear and plead not guilty and present medical evidence as to the emergency that existed for you violating the speed limit laws and many judges will dismiss the citations.

If the DMV denies your appeal to reinstate your license, then you can seek to take an action in state or federal court arguing that the denial of reinstatement is a violation of your right to reasonable accommodation under the ADA and will again have to present medical testimony that this accommodation is not only reasonable, but it does not create a danger to anyone else on the road, in order for the court to reverse the decision of the DMV.

This is the legal process to seek to have your license reinstated.


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