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CINQUEGRANI v. DEPARTMENT OF MOTOR VEHICLES

No. B199859.

163 Cal.App.4th 741 (2008)

RONNIE CINQUEGRANI et al., Plaintiffs and Respondents, v. DEPARTMENT OF MOTOR VEHICLES et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division Two.

June 3, 2008.

Attorney(s) appearing for the Case

Edmund G. Brown, Jr., Attorney General, Jacob A. Appelsmith, Assistant Attorney General, Elizabeth Hong and Jennie M. Kelly, Deputy Attorneys General, for Defendants and Appellants.

Schonbrun, Desimone, Seplow, Harris & Hoffman, Michael Morrison, Paul L. Hoffman; Joshua C. Needle; and Thomas E. Beck for Plaintiffs and Respondents.

OPINION

BOREN, P. J.

May the state suspend the driver's licenses of individuals convicted of "boating under the influence"? After independently reviewing the pertinent Vehicle Code and Harbors and Navigation Code provisions, we conclude that state law does not authorize the Department of Motor Vehicles to automatically suspend the driver's licenses of individuals convicted of boating while intoxicated.1 The trial...

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