Understand the Types of DMV Writs

Admin Writs, Common Law Writs

Understand the Types of DMV Writs

There are two types of writs of mandate a motorist is likely to encounter in challenging a DMV decision. Where the decision follows a DMV hearing, the writ is called an administrative writ and is governed by specific administrative procedures. Where the decision did not follow a hearing (as in the case of a mandatory action), the writ is a common law writ and is governed by more general writ provisions.

By far the most common writ action against DMV is the administrative mandamus writ following a DMV hearing.

CCP 1085, CCP 1094.5

  • Understand Mandatory Suspensions and BEAT DMV

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