Understand The Types Of DMV Writs

There are two types of writs of mandate a motorist is likely to encounter in challenging a DMV decision. Where the decision follows a DMV hearing, the writ is called an administrative writ and is governed by specific administrative procedures. Where the decision did not follow a hearing (as in the case of a mandatory action), the writ is a common law writ and is governed by more general writ provisions.

Can you win your DMV case with an administrative writ or a common law writ? Ask an attorney at Beat DMV, a division of the Law Office of Rodney Gould in Sherman Oaks. We hope to hear from you by phone at 818-570-6989 or through our intake form.

The Fine Print

By far the most common writ action against DMV is the administrative mandamus writ following a DMV hearing.

Sources

CCP 1085, CCP 1094.5

See Also

Understand Mandatory Suspensions and How to Beat DMV.