Legal Question in Administrative Law in California
In February of last year i got my Driver's Permit. I unfortunantly couldnt pay for the rest of my Behind the Wheel Driving Course's, so the Permit eventually expired and i lost it.
About a month ago I went to the DMV and took the test to get another permit. I then took my three Behind the Wheel Course's and got my certificate.
Two days ago i went to the DMV, gave them all my information and papers, took the California Driver's test and i passed. When i went to the window to recieve my license the lady noticed that my new permit was only a month old.
I tried to explain to her that i had my previous permit for a year and that it should be in their system. The lady told me that it only says that I "APPlIED" for the first permit but it had no additional information. So they basically told me that they cant prove that i have had a permit for 6 months because its not in their sysetm.
I called the head DMV office and they said that when you get a new Permit it erases the information of the old one, so that is why they cannot see the old one.
Ive already passsed the test and it does show that i did apply for that first permit. Is there anyway i can get my license? I already passed the test, wouldnt that mean they made a mistake and are kinda obligated to give me my license?
2 Answers from Attorneys
Unfortunately, the DMV is kinda obligated to follow its own rules, silly as they may be. If you were to hire a lawyer and take them to court, you might win, but that would be expensive and time-consuming. So, unless you are a crusader and willing to spend the time and money to kick the DMV where it hurts, I think you're stuck with accepting their ruling.
Contact the DMV and find out the applicable administrative procedure for contesting their denial of your license. You must comply with the administrative appeal process before you can seek relief through the Court system. The next step is to obtain a copy of the administrative record including a copy of the record of the administrative hearing before you file an application for a writ of administrative mandamus in the applicable Superior Court to compel the issuance of your driver license. It is complicated and expensive but comply with administrative procedure and they may back down before it gets expensive. Good luck.
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