AppealTwo Ways to Review DMV's DecisionTechnically appeal is not a remedy available after a DMV decision. However there are two ways to get the decision reviewed: Departmental Review and/or Superior Court Review. Departmental Review In this type of review the case file is sent to a separate DMV department where the decision is examined to determine if it is supported by the law and the evidence. There is no opportunity for the motorist to appear and present additional evidence or to argue the case. The motorist is notified in writing by mail of the decision on review. Reversals are rare but do occur. NOTE: Effective January 1, 2003, a fee $120 is charged for Departmental Review in some cases. Superior Court Review The procedural name for this is administrative mandamus or a petition for a writ of mandate. In essence, the motorist is requesting that the court reweigh the evidence and use its independent judgment to determine if the action by DMV is warranted. Although a motorist may appear and argue the merits before the court, it is extremely rare that a motorist will be allowed to submit additional evidence at the time of the hearing on the writ. This process is more expensive as there are costs for filing fees and transcripts. Also, this step would be difficult without an attorney so there would be the attorney's fee in addition to the court costs. |
