Serving Kern County to Help You Prevent License Suspension
There are two ways to appeal a DMV decision in Bakersfield. You generally have just 15 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. While you will need to pay a $120 filing fee in addition to your attorney fees, a DMV appeal 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 Work
The DMV looks at the evidence presented at the hearing in Bakersfield. If new evidence surfaces, they can consider that too.
The DMV can decide to:
- Uphold the DMV hearing officer’s decision
- Overturn the decision
- Re-open the hearing
If this occurs, your license suspension will not be stayed during this process. Please note that it may take up 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 grants 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 between four and 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. In addition, Attorney Bo Koenig has earned the ACS-CHAL Forensic Lawyer-Scientist Designation. 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 law office today.
Dial (661) 793-7222 now and schedule your free consultation.