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ROBERTSON v. DEPARTMENT OF MOTOR VEHICLES

Docket No. A054047.

7 Cal.App.4th 938 (1992)

9 Cal. Rptr.2d 319

LARRY ROBERTSON, Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant.

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

June 25, 1992.

Attorney(s) appearing for the Case

COUNSEL

Daniel E. Lungren, Attorney General, Jose R. Guerrero and Kim M. Settles, Deputy Attorneys General, for Defendant and Appellant.

Russell & Russell and Kent A. Russell for Plaintiff and Respondent.

OPINION

MERRILL, J.

This case raises the issue of whether there is a conflict in the drunk driving provisions of the Vehicle Code1 between recently enacted administrative per se laws mandating the suspension of driving privileges of second offenders for a period of one year (§§ 13353.2 & 13353.3, subd. (b)(2)) and preexisting second-offender probation statutes providing for a restricted driver...

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