November 4, 2013 By Matthew Wallin

One client had been convicted of a prior alcohol driving offense and was charged with two additional Driving under the Influence matters which made for three DUI offenses in less then 7 years. In addition, he had another alcohol related driving offense two years before and an additional DUI conviction from 10 years prior. The Department of Motor Vehicles (DMV) would normally either suspend or revoke an individual’s license with this kind of record. In his particular case he was looking at a 1-year license suspension. We represented the client at the DMV hearing and felt that the hearing officer’s decision was not correct given the evidence; as such we appealed the case to the DMV in Sacramento. After the DMV decision we still felt that the client had not been treated fairly. So, I recommended that we take the matter to the Superior Court by a special process whereby the Court reviews the action of the Department of Motor Vehicles. After filing the appropriate paperwork with the Superior Court the DMV began negotiating with us. In the end the DMV SET ASIDE the suspension of the license. As such, despite the client’s record, the DMV was not able to effect his license.

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