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In these license revocation/suspension cases, there are two types of suspensions/revocations that are independent of one another. There is the criminal suspension/revocation and there is the administrative suspension/revocation. While the court has the power to order reinstatement of any suspension/revocation issued by the courts, the courts do not have the power in that order to alter the determination of DMV which has administrative power over issuing all licenses. This means it is frequently the case that DMV refuses to release a license despite the court releasing the license.
When this happens, DMV administrative decisions can only be overturned on narrow grounds. The CA courts hold "In ruling on an application for a writ of mandate following an order of suspension or revocation, a trial court is required to determine, based on its independent judgment, `"whether the weight of the evidence supported the administrative decision."'" See: Lake v. Reed, 65 Cal.Rptr.2d 860, 16 Cal.4th 448, 940 P.2d 311 (Cal., 1997).
A CA trial court is required to determine, based on its independent judgment, " 'whether the weight of the evidence supported the administrative decision.' " See: Yordamlis v. Zolin, 14 Cal.Rptr.2d 225, 11 Cal.App.4th 655 (Cal.App. 1 Dist., 1992). The court must resolve all evidentiary conflicts and draw all legitimate and reasonable inferences in favor of the trial court's decision. Where the evidence supports more than one inference, the court may not substitute our deductions for the trial court's. The court may overturn the factual findings only if the evidence is insufficient as a matter of law to sustain those findings. See: Yordamlis...
Thus, your husband to succeed on appealing the DMV denial to the courts must prove that the evidence reviewed by DMV is insufficient to support the findings by the DMV, which are pretty narrow grounds to win a claim I am afraid.
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