We want to win the DMV hearing at the local level but it doesn't always happen. DMV hearing officers don't often give driver's the benefit of the doubt. Their mantra is "suspend, suspend and suspend some more." But there are available remedies.
One is called the Writ of Mandate to the Superior court where an actual JUDGE reviews the record, reads briefs and makes an independent judgment on the issues in the local dmv hearing.
In my experience, an actual judge, who can intelligently analyze facts, statutes and legal precedent, will give the driver a fair opportunity to overturn the dmv decision.
This is not an inexpensive venture. Filing fees are now at about $400 and the costs for reproducing the record may approach $600, depending on the length of the hearing in the dmv office. Attorney's fees can also be substantial. Therefore, taking this step requires analyzing the chances for success beforehand, the attorney making a recommendation and the client making a decision.
Please refer to representative cases on this website.