Appellant Instructions — Appeal to Superior Court from Administrative Revocation of Driver's License Under Alaska Statute 28.15.165 is a legal process for appealing a decision by the Department of Motor Vehicles (DMV) to administratively revoke a driver's license in Alaska. The appeal must be submitted to the Alaska Superior Court within 30 days of the DMV’s decision. There are two types of Appellant Instructions — Appeal to Superior Court from Administrative Revocation of Driver's License Under Alaska Statute 28.15.165: (1) direct appeal and (2) appeal by writ of certiorari. In a direct appeal, the appellant (i.e. the driver) must submit a written appeal to the Alaska Superior Court along with a copy of the DMV’s decision. The appeal must include any relevant evidence (such as police reports, witness testimony, etc.) that may be used to support the appellant’s case. The appellant may also submit a brief that outlines the grounds for appeal (e.g. the DMV failed to follow due process, the evidence presented was insufficient to support the revocation, etc.). In an appeal by writ of certiorari, the appellant must submit a written request to the Alaska Superior Court for a writ of certiorari. The request must include a brief outlining the grounds for the appeal and any relevant evidence that can be used to support the appeal. The writ of certiorari serves as an order to the DMV to produce documents relevant to the appeal, and the Alaska Superior Court will review these documents to decide whether the DMV’s decision should be overturned. Once the appeal is submitted, the Alaska Superior Court will review the evidence and rule on the appeal either by affirming or overturning the DMV’s decision. If the decision is overturned, the driver’s license will be reinstated. If the decision is affirmed, the driver’s license will remain revoked.
Appellant Instructions - Appeal to Superior Court from Administrative Revocation of Driver's License Under Alaska Statute 28.15.165
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