Arrest details: The Client was stopped for allegedly weaving and subsequently administered a preliminary alcohol screening (PAS) test with a BAC result of 0.03%. At the Client’s hearing, Mr. Maddox presented evidence that the Client had not commit any violation. Despite the evidence, the DMV suspended the Client’s license for one-year.

How we won:  We filed a petition for writ of mandate in the Superior Court and conducted an emergency, Ex Parte, hearing before the judge to get the DMV’s action put on hold while the case was pending. The evidence was so overwhelming that not only did the judge put the suspension on hold; but, rather than facing the prospect being ordered to pay the Client’s attorney fees for its arbitrary and capricious conduct, the DMV agreed to set-aside the suspension without any additional court action.

Writ of Mandate - Driving with a BAC of 0.01% or More While on Probation

Vincent V. v. DMV (08-11-2015) (Riverside County)