Articles in this Issue

An Introduction to California DMV Writs

Winning DMV Writ Issues 1-20

The Real McCoy's Be On the Lookout Orders

Winning the DMV Writ Without a Fight

Do You Even Need a Writ?

How Can We Stop ("Stay") Your Suspension Immediately?

How a DMV Writ Attorney Can Help Before Your Hearing

Essential DMV Hearing Objections

Hearsay Evidence at DMV Hearings

McCoy's Recent DMV Writs Granted (selected cases)

McCoy's Current DMV Appeals (selected cases)

McCoy's Current DMV Appeals

Selected Cases

M.H. V. DMV

This appeal arose from an arrest at a sobriety checkpoint. M.H. saw the checkpoint and chose to turn away instead of going in. Under California law, he has a right to avoid a sobriety checkpoint so long as he doesn't break the law while doing so. Officers cannot legally stop you just because you avoided a checkpoint; and that was exactly what they did to M.H.

Even though a judge dismissed the DUI case against him, DMV decided it would still suspend his license. Amazingly, a different judge decided that instead of following the law, she would teach M.H. a lesson, reasoning that it was only fair since his criminal case got dismissed.

L.D. V. DMV

This appeal challenges the denial of a DMV writ in Los Angeles. In this "refusal case," DMV had alleged that L.D. refused to take a breath or blood test when asked to do so by the office who arrested her. While it appears L.D. may have indeed refused the test, the uncontradicted evidence at the hearing showed L.D. was suffering from a hypoglycemic episode at the time she was arrested. Because she could not understand the nature of the implied consent warning, she cannot be punished for a refusal.

D.S. V. DMV

This "Zero Tolerance" case is unusual in that the rookie officer did not understand that he was only to write a citation and not make an full-blown arrest. As part of this bogus arrest, the officer required D.S. to take a blood test, which he did.

At the DMV hearing, the hearing officer decided to short-cut the process and just use the blood test report to show the Zero Tolerance violation. (Had he tried to use the preliminary breath test instead, he would have had to call two police officers to testify.)

The blood test report was hearsay and, by itself, cannot support a suspension. (See my article, Hearsay Evidence at DMV Hearings).

J.F. V. DMV

This appeal arises after J.F. was found sleeping in his car in a parking lot with the engine off. An officer arrested him for DUI, and DMV suspended his license. Not only was there no evidence that J.F. ever drove the car, no crime was committed in the officer's presence, and no Vehicle Code exception applied to permit the warrantless arrest.
Because Mr. F. chose a blood test, this appeal also presents the challenge to reliance on a blood test report as the sole evidence of BAC.

L.J. V. DMV

This appeal is another in the list challenging reliance on a blood test report as the sole evidence of BAC.