How a DMV Attorney Can Beat a DMV Suspension

Hire an Expert, Not a Generalist

How a DMV Attorney Can Beat a DMV Suspension

Let’s face it, winning your DMV case is not going to be easy. DMV suspension law is a special practice area all to itself. A law firm that limits its practice to DMV sees the same issues every day. We know the staff and hearing officers at Driver Safety; we know the staff at Mandatory Actions and the lawyers at DMV headquarters; we know the attorneys general who appear for DMV in court; and we know the judges and clerks who handle DMV writ matters across the State of California.

There is only one way to beat a DMV suspension, and that is to capitalize on every strength of your case while exploiting every weakness in the DMV’s—either at the DMV hearing or in court on a writ. While many DUI lawyers handle DMV hearings (because most DUI cases involve a DMV hearing), many others will refer their DMV cases out to other attorneys who handle nothing but DMV matters. Doesn’t your DMV case deserve the very best?

While no law firm can guarantee that you will win your case, everybody agrees that your best chance to beat DMV is to retain a lawyer whose practice focuses on DMV cases. That’s why some of the best DUI lawyers in California refer their writ cases to us.

The law governing driver’s licenses is vast and complex. It includes Constitutional issues of search and seizure (Fourth Amendment), the right to counsel (Sixth Amendment) and the privilege against self-incrimination (Fifth Amendment). Those three topics along cover hundreds of years of American case law. Then there’s California’s voluminous Vehicle Code, which contains not only the myriad rules of the road but also many specific procedures that supplement the Administrative Procedures Act, the Government Code’s rulebook for administrative proceedings. Finally, the Code of Civil Procedure governs much of the writ of mandate practice.

Outstanding DMV lawyers master all of these substantive areas of law with an eye toward strategy that serves each individual case. Some cases are best poised for early settlement, forcing DMV to give a motorist their license back before a judge awards attorneys’ fees under Government Code section 800.

For example, a DMV case may be re-opened at the Driver Safety level at and a set aside granted because a DMV decision “may be modified at any time after issuance to correct mistakes . . .” (Section 14105(b).) Sometimes getting a stay of the suspension is enough, particularly in weaker cases; these cases we put on the “back burner” after getting a stay, delaying the final hearing as long as possible.

And sometimes, nothing short of going all the way to a final superior court judgment will accomplish a client’s goals. Regardless of the posture that your case takes, we are ready to do everything possible to maximize your outcome.

VC 14105

Contact Us

14 + 8 =

Share This