Petition For Alternative Writ Of Mandate (DUI) {W004}

FOR COURT USE ONLY Name, Address & Telephone Number of Attorney: Attorney for: SUPERIOR COURT OF SAN LUIS OBISPO COUNTY San Luis Obispo Branch, 1035 Palm Street, Rm 385, San Luis Obispo, CA 93408 Grover Beach Branch, 214 South 16th Street, Grover Beach, CA 93433 Paso Robles Branch, 901 Park Street, Paso Robles, CA 93446 PETITIONER: RESPONDENT: Director of the Department of Motor Vehicles 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 Mark all boxes that apply; CASE NO: 1. Petitioner (full name) ________________________________________________________ Is a resident of the County of San Luis Obispo, State of California at the time this Petition is filed. 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'. 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. 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. On (date) ______________________, in the County of San Luis Obispo, State of California, petitioner was detained by a Peace Officer of the California Highway Patrol _________________________________________ Police Department _________________________________________ County Sheriff's Department Other (describe) __________________________________________________ 2. 3. 4. 5. And, after arrest for violation of Vehicle Code §23152 or §23153, was Optional Use SLO FORM # W-004 (REV. 12/1/10) administered a chemical test for blood alcohol concentration, not administered a chemical test for blood alcohol concentration. PETITION FOR ALTERNATIVE WRITE OF MANDATE CCP §1094.5 and VEHICLE CODE § 13559 TO SET ASIDE SUSPENSION OF DRIVING PRIVILEGE - DUI Page 1 of 4. www.FormsWorkFlow.com PETITIONER: CASE NUMBER: RESPONDENT: Director of the Department of Motor Vehicles 6. Per Vehicle Code §13380, the Officer then filed a sworn statement 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 sworn Statement ­ Vehicle Code §§ 23152 and 13352 is attached to this petition. On (date) ________________, petitioner requested an administrative hearing. The hearing was granted and held on (date) ____________________________. 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. 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. This petition is further based on the following evidence and matters from the record of the administrative hearing [attach additional pages if necessary]. 8. 9. 10. 11. Optional Use SLO FORM # W-004 (REV. 12/1/10) PETITION FOR ALTERNATIVE WRITE OF MANDATE CCP §1094.5 and VEHICLE CODE § 13559 TO SET ASIDE SUSPENSION OF DRIVING PRIVILEGE - DUI Page 2 of 4 American LegalNet, Inc. www.FormsWorkFlow.com PETITIONER: RESPONDENT: Director of the Department of Motor Vehicles CASE NUMBER: 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. 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. 13. 14. As required by California Rule of Court 3.1142, a copy of Petitioner's driving record from the DMV is attached to this petition. Petitioner does not have a speedy and adequate remedy at law because there is no appeal from the DMV'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. Petitioner's license is not suspended or revoked for any reason other than those stated in this petition. 15. 16. Petitioner prays that: 1. An alternative write of mandate issue under the seal of the Court commanding respondent Director of the DMV to set aside and revoke the DMV's order suspension of petitioner's license or to show cause before the Court at a time and place hereafter to be specified by the Court why it has not done so, and why a peremptory writ should not issue. Pending the hearing and final judgment of the Court in this matter, the DMV be ordered to stay the operation of the order suspending or revoking petitioner's license. Other (Describe): 2. 3. Optional Use SLO FORM # W-004 (REV. 12/1/10) PETITION FOR ALTERNATIVE WRITE OF MANDATE CCP §1094.5 and VEHICLE CODE § 13559 TO SET ASIDE SUSPENSION OF DRIVING PRIVILEGE - DUI Page 3 of 4 . www.FormsWorkFlow.com PETITIONER: RESPONDENT: Director of the Department of Motor Vehicles CASE NUMBER: 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 SAN LUIS OBISPO ] 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) Optional Use SLO FORM # W-004 (REV. 12/1/10) PETITION FOR ALTERNATIVE WRITE OF MANDATE CCP §1094.5 and VEHICLE CODE § 13559 TO SET ASIDE SUSPENSION OF DRIVING PRIVILEGE - DUI Page 4 of 4