I was charged with my 2nd dui in jan 2012. On 3/8/12 the court dismissed the case against me for lack of probable cause. The police officer had submiited false information on the police report. On 2/17/12 the dmv heard my case and on 3/22/12 the dmv found me guilty of my 2nd dui and suspended my license for 18 months. I filed a administrative appeal of the dmv decision and the dmv sustained the original suspension of my lisence. What are my options? Can i appeal the decision by the dmv? Are their attorneys that special in dmv appeals? I should note the reason why the court dismissed my case was because the video from the chp car proved the officer had put false information on the police report. I did not have the video during the original dmv hearing.
There are two remedies available to you, but you may be out of time. You can appeal within DMV, but that is usually a complete waste of time and money. You would simply be appealing to a supervisor who became supervisor because they suspended so many drivers' licenses. More atractive is a writ of mandamus to the Superior Court. But, you have limited time from the DMV decision to file the writ. Talk to a local DUI lawyer today.
Any comments offered are not intended as legal advice. This attorney does not know the specifics of the particular case sufficiently to offer legal advice. You should hire a lawyer who can evaluate the details of your specific situation before offering advice.
Yes there are attorneys that handle this specific issue with the DMV all the time. I would call Chad Maddox he is one of the best at DMV issues. This is one of the issues you get if you try to handle the DMV alone.
Call Chadd Maddox 714-547-4500.
Of course, every DUI case is different and you should consult an experienced DUI defense attorney in your area with questions regarding your specific case. It is always in your best interest to have a good DUI attorney represent you when you have been arrested for a DUI.
DMV appeal is likely a waste if time. Find a good attorney to file a Writ in Superior Court. This is also an appeal of the DMV's action, but you get in front of a real Judge who knows (and hopefully actually follows) the law.
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