Losing a DMV Hearing for a Los Angeles DUI is Not the End of the World
After receiving an adverse ruling from the DMV relating to a Los Angeles DUI charge and having your driver’s license suspended, it is normal to think of appealing their decision. This may be in response to a belief that the DMV ignored evidence, misapplied the law or that the effects of a license suspension harm one’s employment, health or schooling.
However, there are only two options to review the Hearing Officer’s decision. The first option is to file a Request for Administrative Review with the DMV in Sacramento within 15 days after the ruling. You need to request for the decision to be reviewed and you must state the reasons why you believe the hearing officer ruled incorrectly. You must also send in $125.00 as a filing fee. The DMV will respond to your request within 60 days. During this time, your license will remain suspended. If your suspension is overturned, you get your license back.
If you lose the Administrative Review, you may also apply for a Writ of Mandate with the Court in your county within 34 days after the DMV renders its Notice of Findings. A Writ of Mandate is a more effective way to challenge the DMV suspension on your license, but it is more costly. It requires you to send in a $395.00 filing fee for Writ of Mandate. You must also pay $155.00 to get a certified copy of the transcript from the DMV. It is advised and will be more beneficial to use an experienced Los Angeles DUI Attorney to handle this for you. The court will then hold a hearing to determine whether your license was properly suspended by the DMV. If the Court rules in your favor, the Court will order the DMV to reinstate your license.
