Process
Introduction
There are roughly five steps in the process of obtaining a DMV writ. The first is to identify winning issues and decide to pursue the writ. There may be alternatives you should consider, and you must be mindful of the costs, both of pursuing a writ and living with the suspension.
Once the decision is made to retain us to seek a writ, we will get the record of what happened at the DMV hearing and try to obtain a stay of the suspension for you. The final step is to obtain the writ itself.
For more detailed information, see the article "An Introduction to California DMV Writs."
Step One: Identify the Winning Issues
IF YOU HAD AN ATTORNEY AT DMV
Sometimes the quickest and easiest way for us to help you get a writ is to work with the attorney who represented you at DMV. Often with one phone call to that attorney we can identify the winning issues for your case and obtain all the documentation necessary to win the writ.
There are times, too, where it is not practical or desirable to work with your prior attorney; we understand that, too. In those circumstances we can work directly with you and DMV to obtain what we need to move forward
IF YOU DIDN'T HAVE AN ATTORNEY AT DMV
Kudos to you for taking on the State of California on your own! In cases where you represented yourself at DMV, our first task is to assess your chances of winning the writ. We will usually conduct a telephone or office conference with you and go over what happened at DMV. In some instances, it will be necessary to obtain a recording of the hearing and prepare a transcript to make this assessment properly.
Because of the short deadlines for filing for a DMV writ, you must contact us quickly to give us enough time to make the assessment before the deadline expires. In extreme cases, you can get an extension of the deadline by filing a request for Departmental Review. In other cases it may be necessary to file the writ petition before we can conduct a full assessment of the chances of success.
Step Two: Get The Record
As the person seeking the writ, it is your responsibility
to show the judge evidence of why DMV got it wrong. You are responsible
for getting all the documents together to make that showing, including
the preparation of a written transcript from the recording of your DMV
hearing.
After our initial assessment and the identification of your winning issues,
the first thing we do for you is to compile the documents necessary to
win your writ. These documents include all exhibits introduced at the
DMV hearing as well as the transcript of all the things said during the
hearing.
Step Three: Get A Stay of the Suspension
Step three involves a motion to obtain a stay of the suspension against you. The stay will allow you to drive while we fight over the writ. Different judges have different standards for granting stays during the writ process, but we have been successful in obtaining a stay of the suspension in more than 90% of our cases.
Step Four: Get the DMV Writ
After we stay the suspension, we get to work getting the writ. This process can take anywhere from two to four months, which is why it is so important to get a stay of the suspension during the process. (One reason why the $120 Departmental Review is an unhelpful option is that you cannot stay the suspension while you seek it. Another reason is that Departmental Review is conducted by the same kind of DMV employees who suspended you wrongfully in the first place. Save your money. Seek a writ.)
Step Five: Get Your Attorneys' Fees
After you have won the writ, you may
be entitled to reimbursement of your attorneys' fees. If you can prove
that DMV's action was arbitrary and capricious, you will be entitled
to statutory attorneys' fees.