DMV ADMINISTRATIVE APPEALS

At Mitchell Law Group, we have years of experience handling DMV appeals.  Unfortunately, if a DMV case is lost, then the licensee has 15 days to file an administrative appeal with DMV internally.  The appeal would cover the legal and factual arguments raised at the hearing and why the licensee believes that the DMV hearing officer’s decision is erroneous.  As Fresno DMV Appeal Lawyers, we know how to pursue the legal issues that matter when it comes to appealing DMV decisions. 

In addition, the licensee also has the option to file an appeal directly with the Superior Court.  This must be done within 30 days of the decision rendered by DMV. This process gives the licensee the best chance at reversing the DMV hearing officer’s decision.  DMV will rarely, reverse itself with an internal administrative appeal. When the licensee files a writ with the Superior Court, the procedural name for the appeal is called a Writ of Mandate.    Unfortunately, this process is akin to filing a lawsuit.  As a matter of fact, when it is filed, the licensee must personally serve the director of the DMV to commence the process.  This is much the same as if you sued your neighbor over nuisance or other legal issue.  The DMV is made a party to your lawsuit by the filing and serving of the writ of mandate.  However, because this process is a civil court process, it necessitates certain fees. 

Those fees can be broken down as follows:

1)      Filing Fee for the Writ

2)      Service Fee on the Director of DMV

3)      Transcript Fee to DMV for the Hearing Record

Once the writ is filed, another process can take place in order to secure the licensee a temporary license pending the outcome of the writ.  This is done by way of an Ex Parte Application and Motion for a Stay of the Suspension.  The Attorney General’s Office, which represents the DMV, will, most likely, not appear for this hearing.  Sometimes, they will even fax a copy of their response which we are required to submit to the court. 

The DMV Appellate Process can be a technical and time consuming process.  Once the initial Writ is filed, the DMV will file their opposition papers and we will counter with our reply brief.  After that point, the matter is set for oral arguments before the Judge assigned to the case. 

If you are looking for a knowledgeable Fresno DMV Appeals Attorney, contact Michael E. Mitchell today to have a free initial consultation regarding your case.  He is a former member of the Central California Appellate Panel and has a wealth of experience when it comes to handling appellate procedures.