Suspension Without Hearing

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Can the DMV suspend without hearing for a DUI?

The California Vehicle code requires mandatory suspension when certain things occur. The Mandatory Actions Unit of the DMV requires a suspension upon a court conviction for DUI (or speed exhibition, among certain other triggering events).

Unfortunately, because the Mandatory Actions Unit in Sacramento imposes these mandatory suspensions automatically, you have no right to a hearing. Usually the first notice informing you of a mandatory suspension occurs when you receive notice in the mail.

Even without a right to a hearing, you do have remedies for unlawful mandatory suspensions.
Negotiation with the DMV’s legal department (the Legal Affairs Division) may resolve the issue, either by canceling or reducing the suspension, or by granting you a restricted license.

If that fails, you technically have the right to ask an appeals court judge for relief in the form of a traditional writ of mandate, usually within 60 days, even if these types of license suspension appeals are statistically not very effective.

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