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MURPHY v. PIERCE

Docket No. H008510.

1 Cal.App.4th 690 (1991)

2 Cal. Rptr.2d 18

PATRICK DUANE MURPHY, Plaintiff and Respondent, v. A.A. PIERCE, as Director, etc., Defendant and Appellant.

Court of Appeals of California, Sixth District.

November 22, 1991.

Attorney(s) appearing for the Case

COUNSEL

Daniel E. Lungren, Attorney General, Robert L. Mukai, Chief Assistant Attorney General, N. Eugene Hill, Assistant Attorney General, Jose R. Guerrero and Jane Zack Simon, Deputy Attorneys General, for Defendant and Appellant.

Barry D. Broad as Amicus Curiae on behalf of Defendant and Appellant.

Mel Grimes, Jr., for Plaintiff and Respondent.

OPINION

BAMATTRE-MANOUKIAN, J.

Patrick Duane Murphy (driver) claims it is unconstitutionally unfair that he faces a four-month suspension of his driver's license by the Department of Motor Vehicles (DMV) for his first drunk driving offense when he would face only a one-month suspension followed by a five-month restriction if he had a commercial driver's license. The superior court agreed, finding this legislative distinction a denial...

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