Is there DMV Review?
Yes, you can appeal an adverse DMV decision. At Spital & Associates, we can send a letter to the DMV Offices in Sacramento if we are specifically retained for this appeal and you pay the filing fee. At that time, a DMV employee will review the file for any alleged error(s). Although it is possible the DMV will give your driver’s license back if it is determined that the hearing officer committed an error in suspending your license, this is often not the case and most lawyers regard this an ineffective and a waste of time. More importantly, you cannot drive while waiting for the decision as the law does not provide a “stay” of the DMV suspension during the Departmental Review. However, the advantage is that we can use the Departmental Review process to obtain an extension of time to file a Writ of Mandate in the San Diego Superior Court.
What is a Writ of Mandate?
This is the method you can appeal a DMV suspension, and if you prevail you will get your driver’s license reinstated. If it can be established that the DMV acted in an arbitrary and capricious manner, the Court has the discretion to order damages plus attorney’s fees.
The writ is a San Diego Superior Court Order requiring the DMV to reverse its Decision of suspension of a driver’s license. The full legal term is a “writ of mandamus” or “writ of administrative mandamus” when seeking an appeal in the Superior Court
Is there a “Stay?”
At Spital & Associates, we will seek a stay of the DMV decision as part of your appeal. This is a temporary hold or stop of the DMV order of suspension. The period of time will vary depending upon the court’s calendar as the judge needs an adequate period of time to review the DMV proceeding and to determine whether to issue a “writ of mandate.” Also, due process of law provides you should have an opportunity to prove your suspension was illegal and you should not be penalized during the time the judge needs to evaluate the evidence in the DMV case.
Call 619.583.0350 for a free attorney consult to discuss filing a DMV appeal
8880 Rio San Diego Drive, Suite 800
San Diego, CA 92108-1642
Downtown Associate Office
Of Counsel – Bill O’Connell, Esq.
110 West C Street, Suite 1300
San Diego, CA 92101-3978
Associates are available 7am-9pm daily.
Call 619.583.0350 or send us an e-mail.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.