DEPARTMENT OF MOTOR VEHICLES v. SUPERIOR COURT

Docket No. 38879.

58 Cal.App.3d 936 (1976)

130 Cal. Rptr. 311

DEPARTMENT OF MOTOR VEHICLES, Petitioner, v. THE SUPERIOR COURT OF SAN MATEO COUNTY, Respondent; WILLIAM RICHARD HARDIN, Real Party in Interest.

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

June 9, 1976.


Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, and Victor D. Sonenberg, Deputy Attorney General, for Petitioner.

No appearance for Respondent.

Crist, Crist, Griffiths, Bryant & Schulz, John R. Griffiths and Patricia J. Gebala for Real Party in Interest.

Dick W. Bennett, Bennett, Hughes, Kane, Niven & Till, Michael R. Nave, John B. Segall, Robert F. Lee and P. Terry Anderlini as Amici Curiae on behalf of Real Party in Interest.


OPINION

CALDECOTT, P.J.

Real party in interest William Richard Hardin has been convicted of driving while under the influence of alcohol in San Mateo County three times within the last three years. As a result of these convictions, petitioner, the Department of Motor Vehicles, was prepared to effect the mandatory revocation of Hardin's driver's license pursuant to Vehicle Code section 13352. Hardin filed a petition for writ of prohibition...

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