Understand Mandatory DMV Suspensions

Understand Mandatory Actions

Understand Mandatory DMV Suspensions

A mandatory suspension is one that the Vehicle Code mandates that DMV impose when a particular thing happens (like a court conviction for DUI or speed exhibition). DMV’s Mandatory Actions Unit (“MAU”) in Sacramento imposes mandatory suspensions automatically, and you have no right to a hearing. Usually you are informed of a mandatory suspension after the fact in a suspension notice sent to you through the mail.

While there is no right to a hearing, you do, however, have remedies for unlawful mandatory suspensions. Negotiation with MAU or with DMV’s Legal Affairs Division may resolve the issue, either by canceling or reducing the suspension it or by granting you a restricted license. If that fails, you may ask a judge for relief in the form of a traditional writ of mandate. Unlike its cousin the administrative writ of mandate created by statute, the traditional writ comes from centuries of common law. Also unlike the administrative writ, it has no set deadline.

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