Are Writs on DUI DMV hearings successful
Question: Are Writs on DMV hearings successful? The officer confused the PAS refusal for chemical one but I still lost at the DMV hearing in Van Nuys, CA but should not have lost.
Answer: If there good cause for the writ in the first place, then they can be successful. Is your issue that the DMV suspended our license on failure to comply with the implied consent for doing a breath or blood test, but you in fact did properly complete a breath or blood test? Once in a while, it is possible to get a corrected decision by doing a DMV appeal which is generally much cheaper than having a DUI attorney file a writ. Check with your attorney who handled the matter (or another DUI attorney in your area) to determine the likelihood of prevailing on either appeal or writ, and to make sure that not too much time has passed since you received the results of the hearing to file either of those options. Time is of the essence in filing either a DMV appeal or a writ. If you file a DMV appeal timely, it will give your attorney some more time to to file the writ. Call me if you would like to discuss further or the possibility of hiring me to file the DMV appeal and/or writ.
DUI & Criminal Defense Lawyer