QUESTION
Can I file an appeal after losing a Division of Motor Vehicle case?
Asked on Aug 17th, 2012 on DUI/DWI - California
More details to this question:
I lost my Division of Motor Vehicle case. I was charged for Driving under Influence. The officer who arrested me was only told by another officer that I nearly collided with his patrol car when I was backing out of a stall. It was not my car and the owner was there. I only got to my car to lock it up at the officer’s request. The officer said under oath that there was no vehicle code violation for nearly hitting another car. There was no accident report filed. He also doesn’t know where the patrol car was parked and that he couldn’t remember. The hearing officer said that there was a probable cause and that backing out of a stall and almost hitting a car is a violation of California vehicle code. But the officer did not state what code it was. Should I appeal or go straight for the writ. This lawyer doesn’t handle writs so i was looking for one that does.
4 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You can do an administrative appeal which will be denied. Meanwhile hire a lawyer to handle the writ.
Answered on Aug 21st, 2012 at 5:32 PM
You can either do a Departmental Review or a writ. A writ has a better chance of success, but it takes about 1 year. You should do the Departmental Review first, and if you lose it, then go for the writ. Contact a DUI specialist to help you with the DR.
Answered on Aug 21st, 2012 at 5:31 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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If you are still timely and able to do this, and if there are actual legal grounds for the action, and if you are willing to spend the thousands of dollars in fees it will cost for this, and if you are willing to sign a Retainer Agreement and disclosure documents acknowledging that you understand there is no guarantee of success and in fact a very high likelihood of loss, then we can talk. You can't go into this thinking just because you disagree with the outcome that you are somehow entitled to win. You'll have to prove the hearing officer made a substantial mistake of fact or law in the decision, outside his allowed range of discretion and judgment.
Answered on Aug 21st, 2012 at 5:31 PM
Domestic Violence Attorney serving Orange, CA
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Law Office of James Gandy
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There are directions to file an appeal on the paperwork that they mail you. You have thirty days to appeal.
Answered on Aug 21st, 2012 at 5:30 PM