Fillable CCP 1094.5 AND VEHICLE CODE 13559 TO SET (The Superior Court of California - County of Orange)

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CCP 1094.5 AND VEHICLE CODE 13559 TO SET (The Superior Court of California - County of Orange)

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Approved for Optional Use
L-0115 (Rev. July 1, 2008)
PETITION FOR ALTERNATIVE WRIT OF MANDATE
CCP § 1094.5 AND VEHICLE CODE § 13559 TO SET
ASIDE SUSPENSION OF DRIVING PRIVILEGE – DUI
CCP 1094.5(g)
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name & Address):
Telephone No.: Fax No. (Optional):
E-Mail Address (Optional):
ATTORNEY FOR (Name): Bar No:
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE
CENTRAL JUSTICE CENTER:
700 Civic Center Dr. West, Santa Ana, CA 92701
PETITIONER:
RESPONDENT: Director of the Department of Motor Vehicles
FOR COURT USE ONLY
PETITION FOR ALTERNATIVE WRIT OF MANDATE
CCP § 1094.5 AND VEHICLE CODE § 13559 TO SET
ASIDE SUSPENSION OF DRIVING PRIVILEGE - DUI
STAY REQUESTED
Unlimited Civil
CASE NUMBER:
Mark all
boxes that apply
1. Petitioner (full name),
,
is a resident of the County of Orange, State of California at the time this Petition is filed.
2. Respondent, Director of the Department of Motor Vehicles, is the Chief Executive Officer of the Department
of Motor Vehicles, a government agency of the State of California, hereafter referred to as “the DMV”.
3. On (date)
, per Vehicle Code 13382(a) and/or 23612(e), the arresting officer
served the petitioner with an Administrative Per Se Order of Suspension/Revocation Temporary License
Endorsement, a copy of which is attached to this petition.
4. Prior to the suspension of petitioner’s driver’s license, petitioner was the holder of a valid California driver’s
license number
issued by the DMV.
5. On (date)
, in the County of Orange, State of California, petitioner was
detained by a Peace Officer of the
California Highway Patrol.
Police Department.
County Sheriff’s Department.
Other (describe)
.
and, after arrest for violation of Vehicle Code § 23152 or 23153, was
administered a chemical test for blood alcohol concentration.
not administered a chemical test for blood alcohol concentration.
Page 1 of 3
Approved for Optional Use
L-0115 (Rev. July 1, 2008)
PETITION FOR ALTERNATIVE WRIT OF MANDATE
CCP § 1094.5 AND VEHICLE CODE § 13559 TO SET
ASIDE SUSPENSION OF DRIVING PRIVILEGE – DUI
CCP 1094.5(g)
PETITIONER:
RESPONDENT: Director of the Department of Motor Vehicles
CASE NUMBER:
6. Per Vehicle Code § 13380, the Officer then filed a sworn statement (Form DS-367) with the DMV stating
that there was reasonable cause to believe petitioner had been driving a motor vehicle in violation of
Vehicle Code § 23152 or 23153, the petitioner was arrested and petitioner
took a chemical test with a result of
% and % blood alcohol concentration.
did not take or complete a chemical test.
7. A copy of the Officer’s DS-367 Statement – Vehicle Code §§ 23152 and 13352 is attached to this petition.
8. On (date)
, petitioner requested an administrative hearing. The hearing was
granted and held on (date)
.
9. A certified copy of the transcript of the administrative hearing has been ordered from the DMV and
has been lodged with the Court.
will be lodged with the Court as soon as it is received by petitioner.
10. On (date)
, the DMV issued an Order of Suspension which stated that petitioner’s
privilege to drive a motor vehicle was suspended for year(s), from (date)
through (date) . The suspension was under the authority of Vehicle Code § 13353.3. A
copy of the Order of Suspension is attached to this petition.
11. This petition is further based on the following evidence and matters from the record of the administrative
hearing [attach additional pages if necessary].
12. Petitioner is beneficially interested in this action because petitioner is a party directly affected by the action
of Respondent in suspending his or her privilege to operate a motor vehicle.
Page 2 of 3
Approved for Optional Use
L-0115 (Rev. July 1, 2008)
PETITION FOR ALTERNATIVE WRIT OF MANDATE
CCP § 1094.5 AND VEHICLE CODE § 13559 TO SET
ASIDE SUSPENSION OF DRIVING PRIVILEGE – DUI
CCP 1094.5(g)
PETITIONER:
RESPONDENT: Director of the Department of Motor Vehicles
CASE NUMBER:
13. Petitioner needs his or her license
to drive to and from and in connection with his or her employment, as well as personal needs.
to engage in business for his or her livelihood.
Unless the Order of the DMV is stayed, he or she will suffer irreparable damage and injury.
14. As required by California Rule of Court, rule 3.1142, a copy of petitioner’s driving record from the DMV is
attached to this petition.
15. Petitioner does not have a speedy and adequate remedy at law because there is no appeal from
respondent’s order suspending the privilege to operate a motor vehicle. Petitioner’s only method of review
of that order is by writ of mandate in this Court.
16. Petitioner’s privilege to operate a motor vehicle is not suspended or revoked for any reason other than
those stated in this petition.
Petitioner prays that:
1. An alternative writ of mandate issue under the seal of the Court commanding respondent Director of the
DMV to set aside and revoke the DMV’s suspension of petitioner’s driving privilege or to show cause before
the Court at a time and place to be specified by the Court why it has not done so, and why a peremptory
writ should not issue.
2. Pending the hearing and final judgment of the Court in this matter, the DMV be ordered to stay the
operation of the order suspending Petitioner’s driving privilege.
3. Other (Describe):
4. For such and further relief as the Court may deem proper.
Dated:
(Type or Print Name) (Signature of Petitioner)
VERIFICATION
STATE OF CALIFORNIA)
COUNTY OF ORANGE) ss.
I, the undersigned, declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
Executed on (date)
at , California.
(Signature of Petitioner)
Page 3 of 3
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CCP 1094.5 AND VEHICLE CODE 13559 TO SET (The Superior Court of California - County of Orange)

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Completed 8 February 2021

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