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Filing for a writ to over turn a DMV revocation of driver license due to a DUI refusal

Van Nuys, CA |

When you file for a writ to get your driver license back what would be some reason that a judge would grant a stay of your driving privileges so that you can drive pending the out come of the writ?
I have heard that judges are not likely to let you drive pending the the out come of the writ except in extreme emergencies like if you have cancer and you need to drive some where once a week to get chemotherapy or something like that. is this true?

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Attorney answers 3


If you are filing a writ get an attorney. The chemo excuses is bad as you can't drive after anyhow.

Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at


Writs are hypertechnical, generally. Stays are really judge dependent. A local attorney may know specifically what a particular judge looks for, such as loss of employment may be enough for one judge.another example would be if the judge thought you had a good chance of winning and it would be a hardship to lose our license. n other words there is no way of knowing what one judge might do


The answer to that question can vary depending on the Judge that is hearing the matter. For example, needing the license for employment purposes, with public transportation being virtually impossible, and showing there is a decent shot of actually having the writ granted may be enough for some Judges, but not others. Writs are complex. I am assuming you are having an Attorney file this for you. If not, I would highly recommend it.

Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This message does not establish an attorney-client relationship, which can only be established once a retainer agreement has been fully executed between you and this firm.

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