Even if the District Attorney (DA) does not bring DUI charges against you in Superior Court, the Department of Motor Vehicles (DMV) can suspend your license. In that situation, an appeal of the administrative DMV ruling can be made, simultaneously with the filing of a Writ of Mandamus Petition to the Superior Court, asking the Court to order the DMV to restore your license.
A Writ of Mandamus, or Writ of Mandate, is a process where the Court orders an administrative agency to perform an action. In a DMV hearing, the hearing Official is both the Prosecutor and Judge, and evidentiary protections of Defendants are routinely ignored. Thus, a Defendant may prevail at the Writ of Mandamus hearing, where the DMV Officer has previously ruled suspended a Defendant’s license.
Strict deadlines apply, please contact Malachowski & Associates immediately upon receiving an unfavorable ruling from the DMV.