QUESTION
What can I do to overturn the Department of Motor Vehicles’ decision in favor of my suspension?
Asked on Sep 18th, 2012 on DUI/DWI - New York
More details to this question:
I was given a DUI on January 27, 2012. I was never pulled over. My wife and I pulled into parking lot to see why my boy’s car was impounded. I walked about 150 yards to the officer and waited because he was citing another driver. When I was done talking to the officer, I approached the tow truck driver. The officer called me back asked if I was drinking. I blew three different times and got 0.08. DUI case was never filed. I lost my Department of Motor Vehicles departmental review and I lost my appeal. I cannot see why that decision was made when I wasn’t driving or pulled over. Thank you.
7 ANSWERS
Leonard A. Kaanta
In Michigan, unless there was a conviction, the Secretary of State's office would not be notified, therefore it appears this not a Michigan case, and I cannot answer your question.
Answered on Oct 02nd, 2012 at 12:10 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You could try a writ in superior court. It will probably run at least $5,000
Answered on Sep 27th, 2012 at 6:14 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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If you were arrested for DUI, you suffered an automatic suspension of license. You appealed and lost if you couldn?t show no legal grounds or basis for arrest. Your remedy now is an expensive Writ proceeding to the appeals courts. To succeed it will require a showing the DMV hearing officer made a material mistake of fact or law that would otherwise have changed the ruling.
Answered on Sep 24th, 2012 at 10:04 AM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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Did you have an attorney handle the dmv hearing? If you filed and lost a dmv appeal, then you (or your attorney) can file a writ if the statute of limitations has nit run yet. Much more complicated than doing a dmv appeal. If it is something you want to consider, you should hire an attorney familiar with filing and arguing writs on these matters.
Answered on Sep 24th, 2012 at 10:03 AM
You need to hire an attorney to do a writ to superior court. That's the only option left, and you have to do it timely. DMV routinely makes crazy decisions with no legal basis. Even the Dept. Rev. is done is Sacramento by their colleagues.
Answered on Sep 22nd, 2012 at 11:02 PM
Michael Paul Vollandt
Your only remedy is to file a Writ of Mandamus with the court.
Answered on Sep 22nd, 2012 at 11:00 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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If you finished all the DMV appeals (I think there is only 1), you need to commence an Article 78 proceeding in State Supreme Court within 4 months of the appeal decision. Do so by Order To Show Cause and seek a stay. I have handled these before.
Answered on Sep 22nd, 2012 at 10:47 PM