Appealing Your DMV Hearing Decision

Introduction

In California, individuals who have been arrested for DUI and subjected to an Administrative Per Se (APS) hearing by the Department of Motor Vehicles (DMV) may find themselves facing a suspension or revocation of their driver’s license. If the decision of the DMV hearing is unfavorable, it is possible to appeal the decision. This article will explore the appeal process, the timeline involved, the chances of success, who decides the appeal, and what is needed to succeed. Additionally, we will explain what an administrative review is and how it differs from an appeal to court, and describe when each is appropriate.

Administrative Review

What is an Administrative Review?

An administrative review is an internal process conducted by the DMV to reassess its initial decision regarding the suspension or revocation of a driver’s license. This review is less formal than a court appeal and is conducted by DMV personnel who were not involved in the original decision. The review focuses on whether the DMV followed proper procedures and if there is any new evidence that could affect the decision.

How to Request an Administrative Review

To request an administrative review, you must submit a written request to the DMV within 15 days of receiving the decision from your APS hearing. Along with the request, you should include any new evidence or arguments that support your case.

When is an Administrative Review Appropriate?

An administrative review is appropriate when you believe there were procedural errors in the original hearing or if you have new evidence that was not previously considered. This process can be quicker and less costly than a court appeal. It is often a first step before considering a court appeal if the administrative review does not result in a favorable outcome.

The Court Appeal Process

Filing the Appeal

The first step in appealing a DMV hearing decision to the court is to file a writ of mandate in the superior court. This writ asks the court to review the DMV’s decision and must be filed within 15 days of receiving the DMV’s decision letter. The writ must be filed in the county where the APS hearing took place.

Grounds for Appeal

To appeal the decision, there must be valid grounds. Common grounds for appeal include:

Procedural Errors: If the DMV failed to follow proper procedures during the hearing.
Lack of Substantial Evidence: If the decision was based on insufficient or incorrect evidence.
Incorrect Application of the Law: If the DMV misapplied the law in making its decision.

Preparation

Once the writ of mandate is filed, preparation for the appeal begins. This involves gathering all relevant documents, including the hearing transcript, and preparing a detailed brief that outlines the reasons for the appeal. The brief should cite relevant legal precedents and facts from the case.

Court Hearing

The court will schedule a hearing where both sides present their arguments. The appellant’s attorney will argue why the DMV’s decision was incorrect, while the DMV will defend its decision. The hearing is usually brief, but the judge may take additional time to issue a written decision.

Timeline and Waiting Period

The timeline for an appeal can vary based on several factors, including the court’s schedule and the complexity of the case. Generally, the process can take several months:

Filing the Appeal: Immediately after receiving the DMV’s decision (within 15 days).
Court Scheduling: The court will set a date for the hearing, which can be several weeks to months after filing.
Hearing and Decision: The hearing itself is usually brief, but the judge may take additional time to issue a written decision, which can add a few more weeks.

Chances for Success

The success rate of appeals varies. Success largely depends on the strength of the grounds for appeal and the quality of the legal arguments presented. Appeals based on procedural errors or lack of evidence tend to have higher chances of success. However, the burden of proof is on the appellant to demonstrate that the DMV’s decision was incorrect.

Who Decides the Appeal?

The appeal is decided by a judge in the superior court of the county where the APS hearing took place. The judge reviews the writ of mandate, the arguments presented by both sides, and the relevant laws and precedents before making a decision.

What is Needed to Succeed at Appeal?

To succeed at an appeal, several elements are crucial:

Strong Legal Grounds: There must be clear, valid reasons for the appeal, such as procedural errors or lack of substantial evidence.
Comprehensive Documentation: All relevant documents, including the hearing transcript and any evidence presented at the hearing, must be gathered and presented.
Detailed Legal Brief: A well-prepared brief that outlines the reasons for the appeal, cites relevant legal precedents, and presents the facts of the case clearly.
Effective Legal Representation: An experienced DUI attorney who understands the intricacies of DUI law and DMV procedures is essential.
Presentation of Argument: The ability to present a compelling argument during the court hearing, highlighting the flaws in the DMV’s decision and the reasons for overturning it.

Conclusion

Appealing a DMV hearing decision following a DUI arrest in California is a complex but viable process. Understanding the grounds for appeal, the preparation involved, the timeline, and what is required for success can significantly impact the outcome. Consulting with an experienced DUI attorney is crucial for navigating this process and increasing the chances of a favorable result.

Citations:

California Vehicle Code Section 13353.2
Government Code Section 11507.6
California Code of Regulations Title 13, Section 115.05
Evidence Code Section 1280