Appeals from a DMV Writ Case

Appeals from a judgment granting or denying a writ of mandate

Appeals from a DMV Writ Case

Most DMV-related appeals are appeals from a judgment granting or denying a writ of mandate. If the writ is granted by the superior court judge, DMV would be the appellant filing the appeal. If the writ is denied, the motorist would be the appellant filing the appeal.

Like any civil judgment, the appellant has sixty days to start the appeal after service of a Notice of Entry of Judgment or if no such notice is served, 180 days after judgment is entered.

Note that a motorist filing an appeal from the denial of a writ of mandate has a driver’s license that is still suspended. Often that motorist will want to see a stay of the suspension pending the appeal. (Appeals can take more than a year, and it would be tremendously unfair for the motorist to lose their license for a year while the suspension is overturned.)

Only the court of appeal can grant a stay pending the appeal, and they issue such a stay with a writ of supersedeas. Obtaining a writ of supersedeas is a difficult process and requires of showing of irreparable harm and a likelihood of succeeding on the appeal.

If you are looking for help after the denial of a writ of mandate, you absolutely must contact a qualified DMV attorney to pursue the appeal and get a writ of supersedeas. Call us today and we’ll see if we can help you.

Get In Touch

8 + 12 =

Share This