Appealing a BAD DMV DECISION – Writ of Mandate 

There are two ways to appeal a bad DMV decision an Administrative Review or a Writ of Mandate.  The Administrative Review is the easiest appeal to file while the Writ of Madate is more involved and requires a lot of work.

The DMV makes bad decisions because the hearing officer’s making the decisions regarding your driver’s license are not attorneys or know the science of DUI.  It is important that you have an experienced DUI attorney handle the DMV APS Hearing so that an appealable record is made that will support the appeal.  There are timelines for filing an appeal that must be adhered to if you want to challenge the DMV’s decision.      

A Writ of Mandate is an appeal of the bad DMV decision that is filed in the Superior court of your county.  Filing a Writ is usually the best way to obtain a favorable outcome because your Writ Petition is ruled on by a Superior Court judge who will review the merits of the DMV hearing officer’s decision.  The judge will look at the law and the evidence presented at the hearing and decide if the DMV hearing officer made the correct decision.   

Writ Filing Deadlines and COst

The Writ petition must be filed within 34 days of the effective date of suspension if there was no administrative review, or within 94 days of the adverse administrative review decision. The filing fee varies by county, but is generally approximately $500.

Stay on DMV Suspension

Unlike the Administrative Review, you can request a stay of the license suspension, pending the outcome of the writ petition ruling.  This request may be done ex parte, with proper notice to the DMV. If the request is granted, then you keep your license pending a decision from the Judge.

DMV Writ Petition Process

To petition for writ of mandate you must file a verified petition, file an ex parte request for stay, file an opening brief, and file a reply brief. If the Judge grants your petition, you may be awarded your attorney’s fees as the prevailing party. If you lose, the Deputy Attorney General’s office, who represents the DMV, may request certain fees as the prevailing party. The Writ Process can take months before a final decision is made.  Attorney fees on a Writ Petition can run into the thousands because of the amount of preparation, legal writing, court appearances that are required in presenting a Writ Petition in court.

You don’t have to plead guilty, contact our office today for a free same day consultation

Because you have so much to lose, you need the most experienced and aggressive DUI Defense attorneys on your side. Whether it’s defending you in trial or negotiating for dismissal, you can count on us. Our experienced and aggressive negotiating efforts usually result in better outcomes for our clients including reduced charges, lesser jail days, and smaller fines. Call our office today at (916) 939-3900 to speak directly to an attorney about filing a Writ Petition.  We are open 24/7/365 to answer your questions.