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UNDER TITLE 9 HEALTH & SAFETY CODE.CAN IT BE USE RE:A DISABLE PERSON ABILITY TO ATTEND/NOT ATTEND A DUI DRIVER SAFETY PROGRAM?
Anonymous4 views2 answers
IS ANYONE FAMILIAR WITH TITLE 9 UNDER CALIF HEALTH & SAFETY CODE LAW. IF A PERSON HAS A DISABILITY CAN HE/SHE BE GIVEN A ALTERNATIVE TO ENROLLMENT/ATTENDING A 18 MO. DRIVER SAFETY PROGRAM, DUE TO A PHYSICAL HANDICAP/HARDSHIP?
I do not think Title allows an alternative to attending the 18 month program. Title 9 deals with the licensing, program requirements, attendees intake procedures and participation. It does allow for a leave of absence due to physical illness but does not excuse the attendance.
I do not believe Title 9 supercedes the requirement under the Vehicle Code to attend the program. Even if it could, it would probably be a hard sell to convince a court that you were able to drink and drive more than once, but you couldn't attend a class. Another approach might be to ask the Court to stay you attendence in the program pending successful completion of probation. The Judge has that authority. But, make sure you understand that you will not be able to drive legally.
