California DMV Hearing Lawyers

Areas of Practice - Writs

A California driver can file a Writ of Mandamus in Superior Court if he or she believes that the Department of Motor Vehicles (DMV) erroneously suspended or revoked his or her driving privilege. The Writ of Mandamus is a complex legal proceeding that orders the DMV to return a person's driving privilege pending a formal hearing in front of a Superior Court Judge. This could be a long, costly proceeding, but is often the best alternative for those who need to drive to be able to keep their jobs or for those drivers facing a suspension one year or longer.

California law allows motorists to get a "stay" order when the writ proceeding is pending so they can continue to drive when a decision about their license is pending. Judges will allow such a stay order if they can see evidence that you need your license either to keep your job, attend school or for family reasons. If you were arrested on suspicion of driving under the influence (DUI), whether a judge approves a stay order could depend on the extent of intoxication or if there were any injuries or fatalities during the DUI accident.

When the judge signs the stay order, the DMV should receive it and enter into their computer. The stay order is still a temporary document until the writ process is completed, which is only after a judge makes the final ruling on a motorist's license suspension or revocation.

If you win the writ and the DMV doesn't appeal, you'll get your license back and you may even be eligible for reimbursement of your legal expenses. If you lose, you may still be able to appeal the decision.

You will need an experienced California DMV writ defense lawyer from Wallin & Klarich representing you during this process. Call us today to schedule your free consultation.

At Wallin & Klarich, we approach every case with the belief that the person we're defending could easily be one of our own family members. We've seen firsthand how stressful legal matters can be for our clients and their loved ones. We are committed to being available to our clients at all times -- 24 hours a day, 7 days a week, 365 days a year. If you or someone you love is facing a DMV matter in Southern California, you should call Wallin & Klarich today for a free evaluation of your case. Call 1-888-782-5196 or fill out our online consultation form to get in contact with a legal professional today. We will be there when you call.

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