DMV Appeals in Bakersfield
There are two ways to appeal a DMV decision in Bakersfield, California. You generally have just fifteen days from the effective date of the suspension to file an administrative review. It’s important to hire an experienced DUI attorney from Koenig Law Office to represent you during this important time. This internal departmental review is done by a board of supervisors. A $120 filing fee is required as well as attorney fees. However, it can help to reverse your judgment and get your license reinstated (which can lead to future reinstatement fees and processes if left unhandled). This request for review must be sent to the DMV directly.
How DMV Appeals Works
The Department looks at the evidence presented at the hearing in Bakersfield, and if new evidence has surfaced, they can consider that too. The DMV can decide to uphold the DMV hearing officer’s decision, to overturn the decision, or to re-open the hearing. If this occurs, your license suspension will not be stayed during this process. Please note that it may take two to three months to get a decision. This is why it’s important to hire a DUI attorney to help you through the DMV appeals process immediately after receiving an unsatisfactory judgment.
Civil Lawsuits Against DMV in Bakersfield
A second way to appeal a DMV decision is in the Appellate branch of the Superior Court of Kern County. You can file a petition for writ of mandate/mandamus, which allows this judge to review the merits of the hearing officer’s decision. This petition must be filed within 34 days of the effective date of suspension if there was no administrative review or within 94 days after an adverse administrative review decision in Bakersfield. This filing fee varies by county but is usually around $500.
To petition for this writ of mandate our DUI attorney must file a verified petition as well as an ex parte request for stay with an opening brief, and later, a reply brief. If the judge does grant your petition, you will be awarded any attorney’s fees. If you lose, however, you may be required to pay the attorney fees of the Deputy Attorney General’s Office. The entire process can take four to nine months in California.
Schedule a Professional Legal Consultation to Discuss DMV Appeals
Our DUI attorney team at Koenig Law Office has experience appealing DMV hearing decisions. With our resources and years of experience, we can successfully represent our clients facing license suspension. To learn more about our legal services, call our Bakersfield, California law office today at 661-706-8555.