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
Before you go to the trouble and expense of pursuing a writ, ask yourself if there is an easier way to get what you want. One thing you want, of course, is to be able to drive again after a DMV suspension. Believe it or not, there are several alternatives to consider after a bad DMV hearing. Make sure you or your attorney analyze the issues in your … Read More
Okay, so it’s not really without a fight; it would have been more precise to say without having to fight all the way. Let me explain.
When I go to court to seek a writ, I carry a very big stick. That stick is the one weapon DMV hates most of all: the brutal club of attorneys’ fees. You see, when I win a DMV writ after an arbitrary hearing … Read More
Be On The Lookout Order #1
WANTED: BLOOD TEST CASES BASED ON TEST REPORT ALONE
Do you or (for attorneys) your clients have a case where the DMV relied or intends to rely on a blood test alone to prove BAC?
If so, check to see what title appears after the name of the toxicologist. If no title appears, or the title “criminalist” appears, or some other non-statutory term appears, … Read More