How do I appeal the DMV's decision to suspend my license? 10 Answers as of November 01, 2011

I was arrested in California on 9/11/11 for a DUI .08/.09. While I was pulled over already for helping with an accident I had witnessed on the freeway. I went to my court date 3 weeks later and the charges were dropped/dismissed. I had my DMV hearing and they suspended my drivers license for 4 months. I have a clean driving record and have never been arrested before this. Is there a way to appeal this? Thank You!

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Law Office of Edward J. Blum
Law Office of Edward J. Blum | Edward J. Blum
After the DMV Hearing Officer renders his decision you have 34 days to appeal by way of Administrative Writ of Mandamus.
Answer Applies to: California
Replied: 11/1/2011
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
You must file a writ in court to challenge the DMV action.
Answer Applies to: California
Replied: 10/31/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Yes, you need an attorney to file either a Departmental Review (within 15 days of loss) or a Writ to the Superior Court (within 90 days). The Departmental Review is much cheaper to do, but you need to get a lawyer who specializes in DUI and APS hearings.
Answer Applies to: California
Replied: 10/31/2011
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
This does not surprise me. The DMV is much more severe in their decisions than the D.A. Yes, you can appeal but that is usually worthless. The best plan is to wait 30 days after the suspension begins and go in to DMV with an SR 92, proof of enrollment in a DUI counseling program and apply for a Restricted License. That restriction lasts 5 months.
Answer Applies to: California
Replied: 10/28/2011
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
Yes, through the dmv directly or through a "writ" through the court. Contact an attorney immediately to discuss your case further as there are tight time limitations for filing them. If you wait to long, the time window to appeal will be shut.
Answer Applies to: California
Replied: 10/28/2011
    Law Offices of Paula Drake
    Law Offices of Paula Drake | Paula Drake
    As long as your are within the time allowed for departmental review and/or appeal (Writ of Mandate) to Superior Court, you can file for one; however, there will need to have been some error at the DMV hearing. Why was the case dismissed? There may be something that can be done because of that.
    Answer Applies to: California
    Replied: 10/28/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    Yes, you can appeal your DMV decision. In order to do so you must submit a written notice of appeal within 15 days of the date your DMV hearing decision. There is a $120 fee to file the notice. In addition, you should only file the appeal if there is a legitimate issue or error with the decision. The fact that your charges were dropped in court is not a valid reason why the decision should be overturned. If you are still within the 15 day time limit, the best thing for you to do is to contact an experienced DUI attorney to properly evaluate your case so you can make an informed decision about the appeal.
    Answer Applies to: California
    Replied: 10/28/2011
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    You can appeal the DMV's decision if you conducted (and lost) your administrative per se hearing. You must notify the DMV within 14 days of their decision. It is a complicated process, but my firm has extensive experience in handling these matters.
    Answer Applies to: California
    Replied: 10/28/2011
    THE LAMPEL FIRM
    THE LAMPEL FIRM | ERIC LAMPEL
    Yes, a Writ of Mandamus filed in Superior Court.
    Answer Applies to: California
    Replied: 10/28/2011
    Law Offices of Matthew Murillo
    Law Offices of Matthew Murillo | Matthew Murillo
    Submit a written request to the local DMV Driver Safety office to appeal the decision, along with $120. Keep in mind though, this request must be made within 15 days from the date of service on the decision papers. This only applies if you had a hearing. If you did not request a hearing, you may be out of luck.
    Answer Applies to: California
    Replied: 10/28/2011
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