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Ask Michael Lykken, Esq Your Own Question
Michael Lykken, Esq
Michael Lykken, Esq,
Category: Legal
Satisfied Customers: 85
Experience:  Partner at Soares & Lykken, Attorneys at Law
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This question is regarding the California Department of

Customer Question

This question is regarding the California Department of Motor Vehicles.We recently applied for a custom plate and that application was not approved. The reason they gave is because the requested plate configuration is a "look-alike" plate that looks similar to a existing license plate configuration. License plates with similar appearances could hamper law enforcement and other agencies ability to ensure a correct match with the departments records.Are you able to write something up that challenges their reason for denying the application. Simply stating that the other license plate, while it may have a similar configuration, is registered to a different vehicle. A completely different make model and color of vehicle. Surely law enforcement should be able to pull up the vehicle that the license plate in question is registered to and then be able to match it to the correct owner or not.We have 1 chance at a rebuttal. So we need this to seal the deal. Would us doing the research on the original plates vehicle help? or just your general explanation? Thank You.
Submitted: 10 months ago.
Category: Legal
Expert:  Michael Lykken, Esq replied 10 months ago.

Hello, thank you for using this service. My name is ***** ***** I am a licensed California attorney. It is difficult to win these kind of appeals, but in order to do so you would need some regulation or law that you could rely on. An attorney can help draft the argument, however at the end of the day you would really want something that the DMV could rely on to reverse the decision. I am not sure what is out there on this exact point. You can find DMV regulations here. You can find the DMV Code here, and finally, what case law there is you can search for here. I hope this helps, and please let me know if you need any clarification. Good luck!

Customer: replied 10 months ago.
Ok I was looking for a letter or an attorney to just put something together better then I have. Are you able to do that? If you can do the research and utilize the links you sent me then I will pay you more to compensate you for your time. I'm just still in the same place I was before. Thanks.
Expert:  Michael Lykken, Esq replied 10 months ago.

Hello, I can help you with this. I will first need to review the documentation you were sent by the DMV and then I can do some research and see what is out there. I will go ahead and propose the additional service for that.

Customer: replied 10 months ago.
That's a lot more than we intended to spend. The plate I wanted was DRQP QUT. With Q instead of O because the O is taken. They say it's a look a like plate to the DROP OUT plate. But if I do a search for DRQP OUT with only the first O as a Q, it's taken. That means that they have allowed it before. Do you think it would help my case to just say that you have already allowed one with the look a like? Or would it better to say that the original plate is in another city, with another car make, color, and year, so the officers shouldn't have any issue separating the two?Thanks!
Expert:  Michael Lykken, Esq replied 10 months ago.

You could argue that because there is already a plate with a similar issue (DROP OUT compared to DRQP OUT), your requested plate should be allowed. This is because the DMV has already determined that a one letter difference is sufficiently distinct to allow it. I'm not sure about the different city or make/model argument because those can always change. I think the stronger argument is that they have already allowed a similar plate. Good luck!

Customer: replied 10 months ago.
Yea, that is what I hoping to get written for the $49. We need to send in a written appeal. You have the details for it. You don't have to do any research. It's just draft up that short letter so that it sounds professional. Thanks
Expert:  Michael Lykken, Esq replied 10 months ago.

Hello, the original charge is for answering your question. If you would like me to draft an appeal for you, that would be an additional charge. If you would like me to do this, I can offer an additional service for writing the appeal. Otherwise, you can write an appeal using the argument I gave you in the prior answer. Thank you, ***** ***** luck!

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