Appeals from a Judgment of Conviction

Appealing Mandatory Suspensions from Other Convictions

Appeals from a Judgment of Conviction

Most DMV-related appeals are appeals from a judgment granting or denying a writ of mandate. Some, however, are appeals that do not involve a writ of mandate at all, like the appeal of a conviction for vandalism, DUI or for a crime involving “moral turpitude.”

You might appeal one of these convictions following the mandatory suspension of your driver’s license as a result of the conviction. For example, a conviction for DUI requires DMV to suspend your license. Thus, it would be pointless to pursue a writ of mandate because DMV properly suspended your license when it learned of the conviction. To avoid a suspension in such a circumstance, you must overturn the underlying judgment of conviction by taking an appeal from that judgment. If you are successful in overturning that conviction, DMV will dissolve the suspension of your license.

There are several criminal convictions triggering mandatory suspensions, including DUI (Section 13352), prostitution (Section 13201.5) and vandalism (Section 13202.6). Others may have consequences to special types of drivers, like an ambulance driver, whose ambulance certificate may be withdrawn upon any conviction involving moral turpitude.

In short, if your driver’s license is important to you, you should contact a qualified DMV lawyer before taking any plea bargain in a criminal case.

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