Writ of Mandate – Making the DMV take action

This is an Old English word that means to write. But in a legal context it really means “to command in the name of the court.”

The most common writ is a Writ of Mandate – this is a command by the reviewing court that some action be taken. When the DMV wrongfully suspends your license, the remedy is a Writ of Mandate. An example of a DMV writ is below.

The challenge may be based on a variety of reasons – but the most common is that the Department failed to follow the appropriate law and wrongfully suspended your driver’s license.

A stay of suspension may be possible during the pendency of the writ

Reasons why the DMV failed to follow the law:

1. Admitting defective documents over objection
2. Failing to consider evidence presented by the respondent (driver)
3. Improper denial of continuance
4. Improper application of statutory authority

The administrative suspension is one of the most frustrating cases that many drivers face. If the suspension is a significant hardship, a writ may be the only legal remedy.

I have experience in this important area, and have obtained stays and had the DMV reversed.

Click the link below to view a redacted writ petition. It does not contain a memorandum of points and authorities and does not include a reply brief. This document is the basis for the Order to Show Cause and Alternative Writ requests. It also serves to illustrate the complexity of the area of law in general.

Sample Writ Petition

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