Writ of Mandate
If the DMV holds against you and suspends the driving privilege, an appeal to a higher power may be in order. The Superior Court of California in Unlimited Jurisdiction has the final word over the DMV. The Judge can even require the DMV reinstate your license
prior to hearing the matter to mitigate injury to your livelihood.
Few criminal attorneys have the experience to take your case this far. The Office of the California Attorney General will fight for the DMV. Hire Attorney Godwin for a Writ of Mandate and he will fight for you. When the court rules in our favor the DMV must comply (See Court Order).
"The [DMV] is ordered to ... restore ... driving license."
The hearing officer won't assist you in arguing your defense at a DMV hearing. Don't try to fight the matter on your own. You need an Attorney with experience to protect you (See DMV Set Aside). Attorney Godwin has won many Set Asides for his clients. He attends each DMV hearing personally. Call upon his experience to assist you.
Driving Under the Influence
There are typically two state entities involved with the Driving Under Influence arrest. The California Superior Court and the Department of Motor Vehicles (DMV).
If you have been arrested for Driving Under the Influence then you have most likely been served with this document upon your release from custody. Examine the document closely. An incomplete form often indicates a poorly DUI trained officer.
This carbon copy should be signed and dated at the bottom and the relevant Administrative Per Se (APS) marked near the top of the form.
The signature evidences the officer's certification under penalty of perjury to his sworn statement which attests to the three issues relevant to the APS issue.
The DMV will automatically move forward to suspend your license upon receiving this document from the arresting agency. It is enough the officer signed under penalty of perjury that you are guilty. Since driving is a privilege rather than a right due process is somewhat relaxed in administrative proceeding.
As stated on the pink notice, the DMV must be contacted within ten days of the arrest to stay the suspension and receive a hearing date. Hearings are scheduled between thirty to forty-five days out. Please note the telephone number at the top of the notice is not correct. It is the main office of the DMV in Sacramento; they will not schedule a hearing for you but rather will tell you your license has already been suspended.
The field office with jurisdiction over your arrest location must be contacted directly.
The APS hearing should not be attempted without the assistance of an attorney. While the DMV Hearing Officer conducting the APS will certainly be friendly and courteous with a self represented respondent, they will not assist you in any way to win a set aside to the APS.
The courts vary in their handling of DUI cases from county to county and even amongst courts within the same county; Orange County. It is important to use an attorney who is familiar with the Courthouse, the Deputy District Attorneys and the Judge.
The current economic malaise means hiring an attorney is difficult for many. You may have heard that hiring an attorney will not help. When I look at my own past successes I know this is not true. If one applies cost benefit analysis or a risk versus rewards to their decision process, the most important input to the equation should be the resulting burden of a DUI conviction to one's future prospects. My prices are fair and use reasonable payment terms. The greatest cost is giving up without a fight.
While I can't guarantee an outcome in your matter, I can guarantee I will bring to bear on your matter; all my experience, training and best efforts for the best result possible.
Gene Godwin: "Hundreds of Successful Outcomes"
Attorney Godwin has represented hundreds of clients on their DUI matters. He has personally won over 100 court DUI case dismissals and well over 100 DMV set asides. Contact our office for a free consultation with him.
Years of experience in dealing with:
- DUI with Enhancements
- High Blood Alcohol Concentration
- Excessive Speed
- Minor Passenger
- Suspended License
- Resisting Arrest
- Hit And Run
- Many More...