In November 2014 the Client was convicted of a first offense DUI in Orange County. Subsequent to the conviction, the DMV issued a two year second offender suspension notice to the Client based on a June 2005 Ohio “DUI” conviction and the Orange County conviction.
We sent the DMV a letter demanding it remove the Ohio conviction and correct the suspension notice to a first offense or face court action since the DUI law is Ohio and California were different. As we were heading to court the DMV complied with the demand and the Client was able to get a restricted license.
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Writ of Mandate - Ohio DUI Conviction on California Record

Mike D. v. DMV (12-16-14) (Orange County)

In June of 2004, the Client was convicted in Utah of operating a vehicle with a “metabolite of a controlled substance” in his body. In March of 2008 the Client was convicted of DUI in Los Angeles County. The DMV suspended the Client's license as a first offender. One year after the Client had completed all requirements to have his license reinstated, the DMV gave the Client a two-year second offender suspension.
The offense the Client was convicted for in Utah is not a crime in California; therefore, the DMV acted without legal authority when it used that conviction as a basis for suspending the Client’s license. We were able to remove the Utah conviction from the Client's record.
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Writ of Mandate to Remove Utah DUI Conviction from California Record

Halston R. v. DMV (01-29.15) (Orange County)

The Client was convicted of a single DUI in the State of Arizona. However, the DMV put the conviction on his driving record twice and issued a two year second offender suspension.
The DMV settled the case by correcting the Client’s driving record to only reflect a single conviction, allowing the Client to be eligible for a restricted driver license.
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Writ of Mandate - Arizona DUI Convictions on California Record

Joseph B. v. DMV (03-12-2015) (Los Angeles County)

The Client was represented by another attorney at his DMV hearing that took place subsequent to his DUI arrest. The hearing officer agreed 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.
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. Client was able to get a new hearing and DMV settled the case by paying a portion of the Client's attorney's fees.
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Writ of Mandate - Due Process Violation

Jared H. v. DMV (06-03-15) (Los Angeles County)

The Client was arrested for DUI when she was involved in an accident. She caused minor damage to another vehicle; however, her car rolled several times and she was severely injured. Nobody else was injured in the collision. In additional to a license suspension the DMV also revoked the Client’s license for having caused a serious injury accident.
We filed a motion to put the revocation on hold while the case is pending. Before we ever set foot in a courtroom, the DMV contacted us to settle the case.
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Writ of Mandate - Serious Injury Accident

Krista M. v. DMV (06-17-15) (Orange County)

After the Client was arrested for DUI, he completed breath tests with results of 0.08%. During his DMV hearing, his attorney presented evidence that the breath testing device was malfunctioning. DMV ended this hearing early and issued a one-year license suspension and one-year disqualification of the Client's Class A license.
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 on hold. Our arguments were so overwhelming that the DMV agreed to set aside the suspension and disqualification of the Client's license.
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Writ of Mandate - Driving with a BAC of 0.08% or More / Class A

David I. v. DMV (06-30-2015) (Los Angeles County)

The Client was stopped for allegedly weaving and subsequently administered a preliminary alcohol screening (PAS) test with a BAC result of 0.03%. Despite the evidence that proved the client had not committed any violations, the DMV suspended the Client’s license for one-year.
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, the judge ordered the court to pay the Client's attorney fee and set aside the suspension.
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Writ of Mandate - Driving with a BAC of 0.01% or More While on Probation

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

The Client was convicted of DUI in California in 2002. In July 2005, the Client got another “DUI” in Hawaii. Since then, the DMV renewed the Client’s driver license three times. Ten years later, the DMV suspended the Client’s driver license for two years based on his Hawaii “second offense.”
We demonstrated that not only did a “DUI” conviction in Hawaii not meet the criteria to be a DUI in California, but that the DMV had taken too long to take action against the Client. DMV contacted us and agreed to drop the suspension action and removed the Hawaii conviction from the Client’s driving record.
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Writ of Mandate - Hawaii DUI Convictions on California Record

Scott W. v. DMV (08-31-2015) (Los Angeles County)

The Client was arrested for DUI on September 18, 2013 and released on his written promise to appear with a scheduled court date of October 21, 2013. On October 21, 2013 the District Attorney had not yet filed a complaint charging him with a crime. The Client came to us for help and we filed a motion to have the case dismissed for violation of his Sixth Amendment to the United States Constitution right to a speedy trial.
The trial court agreed the Client’s Constitutional right had been violated by the prosecution's failure to make any effort to bring the Client before the court and dismissed the case.
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Motion to Dismiss DUI for Violation of Constitutional Right - CASE DISMISSED

The People v. Martin M.. (04-27-15) (Orange County)

Our client was under the age of 21 when she was arrested for a hit and run collision & a DUI with a BAC of 0.20%. The DA did NOT file a complaint before the date that the Client had promised to appear in court. The District Attorney issued a warrant for the Client’s arrest; however, the Client was never notified of the warrant.
We filed a motion for violation of the Client’s constitutional right to a speedy trial. The court agreed her right had been violated and dismissed the case.
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Hit and Run DUI - DISSMISSED

People v. Brooke M. (11-18-14) (Orange County)