MITCHELL v. ORR

Docket No. 25256.

268 Cal.App.2d 813 (1969)

74 Cal. Rptr. 407

MILES BENNETT MITCHELL, Plaintiff and Respondent, v. VERNE ORR, as Director of the Department of Motor Vehicles, etc., Defendant and Appellant.

Court of Appeals of California, First District, Division Three.

January 16, 1969.


Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, and Victor D. Sonenberg, Deputy Attorney General, for Defendant and Appellant.

Jackson & Donovan and Daniel E. Donovan for Plaintiff and Respondent.


BROWN (H.C.), J.

This is an appeal by the Director of the Department of Motor Vehicles from the judgment granting a peremptory writ of mandate commanding the Department of Motor Vehicles to refrain from suspending respondent Mitchell's driving privileges.

The sole question presented is whether the municipal court's determination of the invalidity of respondent's alleged prior conviction is binding upon the Department of Motor Vehicles.

The Facts: On...

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