Is it Worth the Time to Request an Administrative Review of a DMV Decision?

When a person loses a DMV hearing he or she has three option.  One, they can do nothing, suck it up and move on with their lives. Two, they can sue the DMV via a writ of mandamus, this requires a civil lawsuit, lawyers fees, filing fees, transcript costs and waiting many months.  The third option is to request an administrative review of the hearing officer’s decision.  The request is made to Sacramento and requires a fee of $120 which is non-refundable.  If you talk to most lawyers they will tell you that this is a waste of time.  The overwhelming majority of these reviews result is an affirmation of the decision.  However, this author has had some success in Admin Reviews in DUI cases.  In one recent case the client blew .08 and .08 and we showed that the machine was off to such a degree that the true result should have been .07.  Despite the evidence presented, the hearing officer ignored what was in front of her and upheld the suspension.  A review was requested and the DMV set the action aside.  This was the just and fair outcome that was appropriate and the DMV got it right, although it took two months to happen.  In sum, if you lose a DMV hearing and you have a solid issue, take it up on review.  You have nothing to lose other than the $120 and if it is affirmed you actually get mor time to file a writ if you want to appeal the case further.

About thetorranceattorney

Matthew Ruff is a Torrance criminal defense attorney located near the 405 freeway on Crenshaw Blvd. Focusing on DUI and serious criminal cases for over twenty years. In addition to criminal cases, Matthew also defends clients at the DMV.
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