Appealing Your California DUI DMV Hearing Decision
If you disagree with the hearing officer’s decision in your Orange County DUI DMV case, you may have the right to request a department review of the decision, as well as the right to appeal the decision to superior court. Requests for a department review, or an appeal of the decision in Superior Court must be made within a certain time period depending on the laws affecting your case. The time periods for appeal and other specific information concerning your appeal rights are provided on the notice advising you of the hearing decision. An Orange County DMV hearing attorney can help you determine which option is best for your particular case.
An administrative review through the DMV will cost you $120.00. The request must be submitted within 15 days of the date on the Notice of Suspension you received in the mail. Most attorneys will pursue this option first, because it is cheaper and requires less paperwork. It will also stay the second option, filing a Writ, until the DMV has reached its decision.
A Writ through the Superior Court in the county which you reside may be filed with only minimal filing costs and must be filed within 34 days from the date of the Notice of Suspension you received in the mail. The Writ requests that the court review and reverse the final decision of the DMV. Some attorneys prefer to proceed with this option first, skipping the administrative review, because of the belief that the administrative review is merely a rubber-stamp decision due to the fact that DMV employees are required to evaluate decisions of fellow DMV employees. If you are not satisfied with the decision of the Superior Court, you can appeal to the California Court of Appeal.
Contact an Orange County DMV Hearing Attorney
Both of the above procedures involve specific deadlines and operate under a set of strict rules. As a result, it is important to hire an experienced Orange County DMV hearing lawyer to help you in appealing your DUI DMV decision. For a free consultation, please contact the Law Office of Mike Coffey Attorney at Law , Orange County DMV hearing attorneys, at (800) 706-7888.