Legal Question in DUI Law in California

Back Again, DMV Nightmare

Hey everyone, new twist in the tale.

All of my charges were dismissed ''in furtherence of justice.'' The DA made a motion to dismiss because the state could not prove that I was the driver of the vehicle. However the DMV has suspended my license. Now I must seek relief by way of a Writ of Mandate. The DMV hearing officer based his findings solely on the officer's written statement. However at the hearing the officer was not present. What grounds should I file my writ. Because I was acquitted of all charges, or by the hearing officer's conclusion? I need advice on what the procedure for the writ and what kind of cost and I looking at. He also did not regard the testimony of my witnesses.


Asked on 3/23/05, 11:26 pm

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Back Again, DMV Nightmare

If the DMV is completely uncooperative, the writ of mandate is your recourse. Before seeking the writ of mandate, you might inquire if the DMV has a review process whereby they reconsider your suspension. If that fails, then the writ is the way to go. The cost to file it, I believe is about $300.00. Other than that, I would charge about $1,500.00 to write the application for writ and attend the hearing. If you need help, let me know. (310) 806-9237. Good Luck, ---Phil

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Answered on 3/24/05, 11:00 am


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