Post California DMV Hearing Proceedings
The California Department of Motor Vehicles (DMV) will take your license away if the DMV hearing is lost. The two ways to review the Hearing Officer’s decision is to request Administrative Review and Petition for a Writ of Mandate before the Superior Court. If Administrative Review results in the license being reinstated, no further proceedings are required. Similarly, if the Petition of the Writ of Mandate is granted, the Superior Court will order the DMV to return the driver’s license.
The request for Administrative Review is an internal proceeding within the Department of Motor Vehicles. In addition to having authority to overrule the DMV Hearing Officer, the internal proceedings may result in the reopening of the DMV hearing for other reasons. However, a request for Administrative Review rarely results in the driver license being reinstated.
Instead of or in addition to requesting Administrative Review, the driver license holder may Petition for a Writ of Mandate. “Writ” is another word for “court order.” The writ process is the way a DMV suspension is challenged. If your driver’s license has been suspended by the California DMV, it is critical to act quickly. In most cases a California driver has only thirty days to challenge a DMV license suspension before the decision becomes final.
Most motorists require a stay of the DMV license suspension during the period the writ proceedings are pending. Such relief is not available if the driver has requested Administrative Review. Accordingly, the first objective after filing the Petition is to schedule an ex parte motion for a stay of the driver license suspension. California law permits (though does not require) a stay of a DMV driver license suspension during the time it takes a judge to decide a petition for a writ of mandate.
Contact a California DMV Attorney
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