HOUGH v. McCARTHY

Docket No. L.A. 25775.

54 Cal.2d 273 (1960)

353 P.2d 276

ROBERT D. HOUGH, Petitioner, v. ROBERT McCARTHY, as Director of Motor Vehicles, Respondent.

Supreme Court of California. In Bank.

June 2, 1960.


Attorney(s) appearing for the Case

Robert D. Hough, in pro. per., Hackler, Flaum & Ansell, W. Neal Writer and Charles K. Hackler for Petitioner.

Stanley Mosk, Attorney General, E.G. Funke, Assistant Attorney General, Warren H. Deering and Arthur de Goede, Deputy Attorneys General, for Respondent.


GIBSON, C.J.

The Department of Motor Vehicles suspended petitioner's driver's license following his conviction of violating section 23102 of the Vehicle Code, which provides that the driving of a vehicle upon a highway by any person who is under the influence of intoxicating liquor is a misdemeanor.1 Petitioner, contending that the department had no authority to take this action, seeks a writ of mandate compelling Robert McCarthy, as Director...

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