DMV Writs are Called “Writs of Administrative Mandamus.”
All decisions in Administrative Hearings, like DMV cases, are entitled to be reviewed by a real Judge. This procedure is different from Criminal Appeals and Writs in that it is made to a Civil Trial Court.
What is the Procedure for a Writ of Mandamus?
The case commences with the filing of a Petition in the Superior Court. This must be done within 34 days of the DMV decision or 90 days if an Administrative Review is requested.
At the same time as the Petition is filed, the person can request a Stay of the Suspension from the Superior Court. This is done by filing an Ex Parte application showing the likelihood of prevailing on the merits, the irreparable harm that the suspension will cause and the absence of a danger to the community – the last is shown by showing the person has a good driving record.
The Petition is based on the record from the DMV Hearing, so the record must be prepared. The DMV handles this and will present a copy of the transcript and all the paperwork filed in the DMV case. The Court then sets a briefing schedule. The Petitioner files an opening and replies brief. The DMV files an opposition in the middle.
After the matter has been briefed, the Court sets the case for oral argument. Once argued a Decision is rendered, the same day or shortly thereafter, by the Court.