The Illinois Secretary of State (who licenses drivers in Illinois) will begin scheduling appointments to license undocumented drivers November 12.
California’s DMV suspends about 350,000 driver licenses a year. That’s more suspensions than in New York, Texas, Illinois and Florida combined! The explanation is simple: California motorists do no get a fair hearing at DMV because the prosecutor and the judge are the same person!
If you’re confronted with an unfair suspension, there is hope. A writ of mandate from a judge can force DMV to give you your license … Read More
A Fancy Way to Say Appeal
Most people are familiar with the term “appeal.” When a defendant loses a trial, she may appeal it by asking a higher court to overturn her conviction. To overturn a DMV suspension, a motorist may appeal it by asking a superior court judge to issue a writ.
“Writ” is another word for “order.” A writ is a kind of order from a court telling … Read More
Winning DMV Writ Issue #1
UNDER 21 DRIVER SUSPENDED AT BAC OF ONLY 0.01%
In Central California, the Nazerian v. DMV case suggests that Zero Tolerance requires a reading of at least 0.02% to account for the breath machine’s margin of error.
Since the machine can only be accurate to within plus-or-minus 0.01 of a given reading, a BAC value of 0.01 really means “somewhere between 0.00 and 0.02.” Anything … Read More
The California Code of Civil Procedure authorizes a judge to stay the action of any administrative agency of the State while a writ action is pending to challenge that decision.
A stay only makes sense if you think about it. If we had no way to put a stop to the damage that could occur during the time it takes a judge to reverse an agency decision, we could never … Read More