Los Angeles, CA asked in DUI / DWI for California

Q: How can a person sue the dmv? (Asking for a friend) Pulled over on suspected dui Breath scored .039 & .037 Blood .02.

Administrative hearing found her guilty of denying chemical test even though she did not refuse urinalysis. PD stated "they were not set up for that"

DL suspended for 1 year

No court date set by DA

Related Topics:
3 Lawyer Answers
David Michael Lehr
David Michael Lehr
PREMIUM
Answered
  • DUI & DWI Lawyer
  • Ventura, CA
  • Licensed in California

A: In general, no. The PD cannot handle DMV hearings, at least typically they don't. The DMV rules based on the police reports. It looks like

Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook
PREMIUM
Answered
  • DUI & DWI Lawyer
  • Bakersfield, CA
  • Licensed in California

A: The only way to reverse a DMV decision is by way of an appellate writ. However, you may not get damages. You may get Attorney’s fees but they are limited to $7500.

1 user found this answer helpful

Thomas Vinson Nash
Thomas Vinson Nash
PREMIUM
Answered
  • DUI & DWI Lawyer
  • Carmel by the Sea, CA
  • Licensed in California

A: Your friend can go to the California state court and have a lawyer apply for a writ of mandamus, overturning the DMV's decision.

However I suspect that the DMV's decision was based on your friends refusal to take a test of her/his breath or blood. If your friend was properly admonished by the officer of the arresting agency, then their failure to submit to a test of their breath or blood could be held against them when no urine test was deemed available or sufficient. Generally, these days, urine tests are reserved for tests as an alternative to blood tests, when drugs are suspected, rather than alcohol.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.