1. California Drivers License Suspensions for Failure to Appear in Court. The DMV can and will revoke a California driver's license for failure to appear in court, or failure to pay a fine imposed by the court. Moreover, either of these can provoke the court to issue a bench warrant for your arrest.and possibly impose a probation violation.
2. Driver's license suspension for second-offense DUI. If this is your second DUI within a ten-year period and you lose your California DMV DUI hearing, the DMV will suspend your license for two years. You may be eligible to convert the suspension to a restriction after one year by adhering to the conditions set forth in Section 5.1 above.

California DMV Home Page is available for customers to check out publications, download forms. Requests for the administrative review or to appeal the decision in court must be made within a certain time period dependent on the type of hearing and as described in the Vehicle Code. Your driver license number, and your date of birth.

Most people are familiar with the term appeal. When a defendant loses a trial, she may appeal it by asking a higher court to overturn her conviction. To overturn a DMV suspension, a motorist may appeal it by asking a superior court judge to issue a writ.

Writ is another word for order. DMV writs are a kind of order from a court telling a government body like a school board or DMV to reverse a decision. The fancy legal term is writ of mandate or writ of mandamus following the Latin convention. Where the writ is directed to an administrative agency like DMV, it is often called a writ of administrative mandamus. Whether you prefer the Latin or not,DMV writs are orders signed by a judge telling DMV to reverse one of its decisions — usuallya license suspension.

Starting The Writ Process In California

A writ proceeding is a hybrid type of case combining elements of an ordinary lawsuit with aspects of an appeal. While you have to file a superior court lawsuit, paying the filing fees as in any other civil matter, the rules are stricter because what you're filing is actually the evidence that the judge will use to decide your case.

Instead of filing a complaint, which is the term used for the document that starts an ordinary lawsuit, you file a petition to start a writ proceeding.

Getting A Stay Of The Suspension

Because most motorists need a stay of the DMV suspension during the time the writ proceeding is pending, the first task after filing the petition is usually to schedule an ex parte motion for a stay of the suspension.

Ca Dmv License Suspension

California law permits a stay of any agency decision during the time it takes for a judge to decide on a writ petition challenging that decision. If we didn't have a way to stay a decision pending a writ, some decisions could never be appealed; by the time a judge reversed a decision, the damage would already have been done.

Though the statute does not specifically require it, most judges want to see that a motorist has a really pressing need for his or her license, i.e., the need to drive to school or to work, or for family reasons. The judge is authorized to deny the stay if it would not be in the public interest, so a first offender with a .08 BAC and good driving will have an easier time getting a stay than a fourth offender with a .31 BAC who was driving the wrong way on the freeway.

Ex parte stay procedures vary wildly from county to county, courtroom to courtroom, and sometimes from judge to clerk in the same courtroom. There is simply no substitute for having extensive writ experience here.

Once the judge signs the stay order, it must be served on DMV so its staff can enter the stay in the computer. Usually, this update is done the day the stay is issued. However, it is a good idea for the motorist to carry a copy of the stay order with her for a few days in case she is pulled over before the computer updates take effect.

Preparing The Record

Once the stay of suspension is safely in place, the next task is usually to prepare the record of what happened at the DMV hearing. It is our responsibility to compile all the evidence introduced at the hearing and have a transcript prepared so the judge can see why the hearing officer made a mistake.

DMV will prepare this record for you at a price, but you can also prepare the record yourself. In most cases DMV prepares a duplicate record anyway, giving us for free what they would have charged us for if we had asked them to do it in the first place.

Preparing The Legal Argument

Once the record is complete, the next step is to prepare the legal points and authorities that will show the judge the legal reasons why the hearing officer made a mistake. This step may involve substantial legal research if the case presents a new twist on some area of DMV law.

These legal arguments must be prepared with an eye toward the entire body of DMV writ law. The attorney must know where a certain type of DMV writ fits in to the larger scheme of DMV hearings, and even the larger picture of administrative hearings statewide.

Finally, both lawyer and client should always bear in mind that DMV writs may be just a stepping stone to an appeal to the appellate court. The reality is that some judges simply will not give a license back to someone accused of DUI — period. In those cases, the points and authorities must be sufficient to raise every issue necessary should the writ be denied and an appeal be necessary.

Window Of Settlement

Once the legal arguments are filed, DMV has a chance to settle the case without appearing in court for oral argument. DMV knows that if it loses the case, it may have to pay your attorneys' fees — something that really gets their attention.

In some cases, then, DMV would rather give up than have to pay fees, and in those cases they will offer to return a license to a motorist if she agrees to waive reimbursement of attorneys' fees.

Arguing The Case In Court

This is the day you've all been waiting for. You've gotten your stay, you prepared the record and briefed the arguments. Now comes your day in court.

Some judges will take the time to write out a tentative opinion, outlining their thoughts on the writ and explaining why they're leaning one way or the other. If there is no tentative, you won't know which way the judge is leaning until he calls the case in court.

Usually the judge will turn to the losing side and offer them a chance to change his mind. 'Counsel, since I'm leaning against your position, why don't you take a moment and tell me what I've missed.'

Usually the judge will issue a decision in open court, although sometimes the issues are complex enough to require more thought. In such a case, the judge will take it under submission, and send out a decision later.

If You Win The Writ ...

Winning the writ will end the case if DMV chooses not to appeal the decision. Once the judge's final paperwork (a judgment) is signed and entered, you may be eligible for reimbursement of your attorneys' fees.

If You Lose The Writ ...

Losing the writ may just be the intermediate step before an appellate court reverses DMV and the superior court judge. There are several reasons this situation may arise.

For example, there may be an unsettled area of the law that will take an appellate court to clear up — until that happens, superior court judges may continue to follow the unsettled law and deny writs. Or, the law may be settled and a particular judge just can't bring herself to return a license to someone accused of DUI.

If you lose a DMV writ, you should have a thorough discussion with your attorney about the merits and costs of pursuing an appeal. If you win on appeal and reverse the lower court's decision, you may be entitled to an award of attorneys' fees for the entire process.

Beat DMV, a division of the Law Office of Rodney Gould in Sherman Oaks, can explain the role of a writ in your case. Call 818-570-6989 orcomplete our inquiry form to request a consultation with an attorney.

The California Department of Motor Vehicles (DMV) can suspend or revoke your privilege to drive a vehicle under many circumstances. The DMV may take this action on its own, or through an order of the court. While your driver’s license is suspended or revoked, you may not lawfully operate a motor vehicle.

Once your suspension or revocation period ends, you are eligible to have your driving privileges reinstated. However, there are several steps you must take in order for this to happen, most of which involve paying all required fees and fines and submitting any required documentation.

Our experienced DMV defense attorneys at Wallin & Klarich want to share with you some of the ways you can lose your driver’s license and what you can do to protect your license from being suspended or revoked if you have been arrested for a crime triggering suspension/revocation.

1. You Don’t Have Insurance

If you are not insured and you get into an accident, the DMV will suspend your license for a mandatory minimum of one year. However, after one year, you are eligible to have your license returned if you show proof of insurance to the DMV. You must maintain proof of insurance for the next three years in order to keep the suspension of your license lifted.

2. Driving Under the Influence

If you are arrested for DUI, law enforcement will confiscate your license and issue you an Order of Suspension, which includes a temporary provision allowing you to drive for the next 30 days. At the end of 30 days, the suspension or revocation goes into effect.

The DMV automatically conducts an administrative review, which may include an examination of the officer’s sworn report and any accompanying documents, such as an arrest or traffic accident report.

If the review shows there is no reason for the suspension, it will be set aside. If not, your license will remain suspended as follows:

• Four months upon a first offense DUI conviction;
• One year for a second or subsequent DUI conviction within 10 years.

3. Refusing a Required Chemical Test

California’s implied consent law requires you to submit to chemical testing to detect for the presence of alcohol or drugs if you are arrested for DUI. Under the Administrative Per Se (APS) program, if you are pulled over for a DUI, your license will be suspended if you refuse a chemical test.

If you refuse to take a chemical test, your license will automatically be suspended for a minimum of one year upon a first offense. Subsequent refusals can lead to as much as a three year revocation.

4. Under 21

If you’re under 21 years old, your driver’s license may be suspended for one year if you are caught with alcohol in your vehicle (unless the container is full, sealed and unopened, and you are accompanied by a parent or other approved person).

If you are caught driving with a blood alcohol content level (BAC) of 0.01% or higher, or are driving under the influence of alcohol or drugs, your license will be suspended for one year.

If you are not yet eligible for a driver’s license or you don’t have a license, your opportunity to get one could be delayed for one year.

5. Too Many Points on Your Driving Record

If you accumulate too many points on your driving record under the Negligent Operator Treatment System (NOTS), the DMV will put you on driving probation for one year. Your license will be suspended for six months if you receive:

• 4 points in 12 months;
• 6 points in 24 months; or
• 8 point in 36 months.

You can accumulate points for a variety of reasons, but you typically get points on your driving record as a result of minor traffic violations (for example, speeding), being at fault in an auto accident and for serious misdemeanor or felony offenses such as DUI, hit and run, reckless driving and vehicular manslaughter.

6. Failure to Appear (FTA) and Failure to Pay a Traffic Ticket

Failure to appear (FTA) in court and/or failure to pay a fine after receiving a traffic ticket may cause your driver’s license to be suspended until you appear in court or pay a traffic fine.

7. Failure to Pay Child Support

Under California law, parents required to pay court-ordered child support must pay on time and in full. If the payment is late or is not paid in full, the Department of Child Support Services (DCSS) can suspend or withhold a California driver’s license.

8. Physical or Mental Condition

California Vehicle Code authorizes the DMV to suspend, revoke or refuse to issue a driver’s license to anyone with a physical or mental condition which impairs his or her ability to drive.

How Can You Protect Your License From Being Suspended or Revoked?

In some cases, a driver’s license suspension is mandatory. However, when the DMV has discretion to suspend or revoke your driving privilege, you have the right to a hearing before a DMV hearing officer to contest the action and review any evidence supporting it. You must ask for a hearing within 10 days of receiving notice of the action against your driving privilege.

You have the right to be represented by an attorney at a DMV hearing. You have the right to review any evidence against you and to cross examine the testimony of any witnesses for the DMV. You will be able to present evidence and witnesses on your own behalf, as well as testify on your own behalf.

Following the hearing, you have the right to receive a written decision. Should the decision to suspend or revoke your license be upheld, you may request that the DMV conduct an administrative review of the decision and you have the right to appeal the decision with the superior court.

If you don’t request a DMV hearing on time or you lose your hearing, you risk suspension or revocation of your driving privilege. Driving on a suspended license in California is a misdemeanor.

If you are convicted of driving while your license is suspended or revoked, you face up to one year in jail and a fine of up to $2,000. Your vehicle could also be impounded for a minimum of 30 days.

Driver License Suspension Appeal Forms

Wallin & Klarich Can Help You Avoid Losing Your Driving Privilege

If you are facing suspension or revocation of your driver’s license, you need to consider hiring an experienced DMV hearing attorney from Wallin & Klarich to help you protect your driving privilege. Losing your driver’s license could jeopardize your job and change your entire life.

Our attorneys at Wallin & Klarich have over 30 years of experience fighting for the rights of our clients. With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, Wallin & Klarich can help you keep your driving privilege and stay on the road to freedom.

Michigan License Suspension Appeal

Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will get through this together.