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#1
03-23-2005, 07:21 PM
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Back Again, DMV NightmareHey everyone, new twist in the tale. All of my charges were dismissed "in furtherence of justice." The DA made a motion to dismiss because the state could not prove that I was the driver of the vehicle. However the DMV has suspended my license. Now I must seek relief by way of a Writ of Mandate. The DMV hearing officer based his findings solely on the officer's written statement. However at the hearing the officer was not present. What grounds should I file my writ. Because I was acquitted of all charges, or by the hearing officer's conclusion? I need advice on what the procedure for the writ and what kind of cost and I looking at. He also did not regard the testimony of my witnesses. |
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#2
03-24-2005, 01:15 AM
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| I am not aware of your State's D.M.V. Hearings however, most hearings that I have been a part of, the Hearings Officer would come to a conclusion after the hearing has taken place.. The information or decision made by the hearings Officer would normally come via mail. I would find it hard to believe that without the required presence of the Offcer, That you would have a hell of a lot of trouble beating the D.M.V. hearing. In my State we are required to appear at the scheduled hearing or we lose the hearing. pure and simple....Did you also have an attorney at the hearing in your behalf?
__________________ Patrolman/J. Buckner BPSST #27766-3215 This is not legal advice, only for what it's worth. |
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#3
03-24-2005, 08:55 AM
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I agreeYes, I had a lawyer with me. This same lawyer got all my charges dismissed. I was a passenger in a single car collision. I had let an acquaintance of mine drive me home. After the accident he fled and left me hanging. I called a tow truck and waited, and the police showed up. The DMV had no direct evidence to find me as the driver except that I was drunk and I was around my car. (Not in it, I had no keys, No civilian or police witnesses to place me behind the wheel, two witnesses who testified that just 5-10 minutes prior they had seen me as a passenger in my own vehicle and they described the driver.) It is a travesty. Basically because I was drunk and I was there I got nailed by the DMV. |
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