Arrest details: The Client was represented by another attorney at his DMV hearing that took place subsequent to his DUI arrest. At the conclusion of the first hour the Client’s DMV hearing, the DMV hearing officer agreed to reconvene the hearing to allow the Client to present expert testimony in his defense. The hearing officer was then overruled by her supervisors and told the Client could not present his defense. The DMV then suspended the Client’s license.
How we won: We filed a writ of mandate alleging that the DMV had violated the Client’s Due Process right to a fair and meaningful hearing before suspending his license. The DMV immediately set aside the suspension and granted the Client a new hearing. In addition, the DMV settled the case by paying a portion of the Client’s attorney’s fees.