There are two main ways to appeal a DMV decision that was based on an Administrative Per Se hearing. First, you have fifteen days from the effective date of the suspension to file an Administrative Review. This is an internal Departmental review of your hearing by a board of supervisors in Sacramento. You must pay a $120 filing fee, and mail a request for review to the DMV. The Department is supposed to only look at the evidence presented at the hearing, but if new exculpatory evidence has surfaced since the hearing, they may consider that as well. The DMV may decide to uphold the DMV hearing officer’s decision, overturn the decision, or remand it back to re-open the hearing. If the blood type on the blood sample used as evidence does not match your blood type, you must attach that evidence to the request for administrative review. Also, your license suspension will not be stayed during the process. It will go into effect on the effective date, and could take anywhere from two to three months to get a decision.
The second way to appeal a DMV decision is in the Appellate branch of the Superior court of your county. You may file a petition for writ of mandate/mandamus, which will allow a Superior court Judge to review the merits of the DMV hearing officer’s decision. You must file this petition within 34 days of the effective date of suspension if there was no administrative review, or within 94 days of the adverse administrative review decision. The filing fee varies by county, but is generally approximately $500. You may also request a stay of suspension, pending the outcome of the petition for writ. This request may be done ex parte, with proper notice to the DMV. If the request is granted, then you keep your license pending a decision from the Judge. To petition for writ of mandate you must file a verified petition, file an ex parte request for stay, file an opening brief, and file a reply brief. If the Judge grants your petition, you may be awarded your attorney’s fees as the prevailing party. However, if you lose, the Deputy Attorney General’s office, who represents the DMV, may request certain fees as the prevailing party. This process could take anywhere from four to nine months. This type of appeal requires a lot of preparation and legal writing and making court appearances.
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The Law Office of Ben Mironer will provide your best opportunity to win your DMV appeal. Based on our track record and expertise in the appellate system, you have a fighting chance against the DMV. Mr. Mironer handles all the APS DMV hearings personally, and does not hesitate to file an appeal when the DMV oversteps their boundaries. He has built an incredible reputation with DMV Hearing Officers, their Managers, and even Regional Managers. The Attorney General’s Office is also very familiar with Mr. Mironer, since they represent the DMV in all petitions for writ of mandate.
It is important to get an experienced appellate attorney that understands the complex laws related to DMV Administrative Per Se hearings. It is critical to ask the attorney about their track record and to give specific examples. The Law Office of Ben Mironer can handle your DMV appeal professionally, and you can rest assured knowing you have a committed advocate working for you, that stops at nothing to prevail for his clients.