Wednesday, June 8, 2016

Can I Appeal A DMV Decision?

The law in California allows a person who loses a DMV hearing to file an appeal.  There are essentially two options:  The first is to file what is called an internal administrative review.  This is an appeal that goes to Sacramento and is reviewed by a seperate unit that independently looks at the evidence and decides if the suspension should be upheld.  Many attorneys feel this avenue is a waste of time, however, as a lawyer who has 22 years experience I have had numerous cases overturned by this method and the cost is minimal.  Moreover, should the review be unsuccessful the licensee can still file a writ to the Court.

The second method of appeal is to sue the DMV by filing a court action by way of a writ.  This type of appeal is costly and time consuming.  The average cost to file a writ is well over $5000 and if the appeal is lost you could be on the hook for attorneys fees and costs for not only your side but the DMV as well.  However, this type of appeal is more neutral because an actual judge hears the case, not an employee of the DMV.