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FEARN v. ZOLIN

Docket No. F016733.

9 Cal.App.4th 1756 (1992)

12 Cal. Rptr.2d 314

GARY MAX FEARN, Plaintiff and Respondent, v. FRANK S. ZOLIN, as Director, etc., Defendant and Appellant.

Court of Appeals of California, Fifth District.

October 2, 1992.

Attorney(s) appearing for the Case

COUNSEL

Daniel E. Lungren, Attorney General, Robert L. Mukai, Chief Assistant Attorney General, Floyd D. Shimomura, Assistant Attorney General, Cathy A. Neff and Geoffrey L. Graybill, Deputy Attorneys General, for Defendant and Appellant.

Michele Belanger-McNair for Plaintiff and Respondent.

OPINION

BEST, P.J.

This case presents the issue whether there is a conflict between the administrative per se laws mandating suspension of driving privileges of second offenders (Veh. Code, §§ 13353.2 and 13353.3, subd. (b)(2))1 and preexisting second-offender probation statutes providing for a restricted driver's license (§§ 23165, 23166, subd. (b), 13352, subd. (a)(3), and 13352.5...

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