California Court of Appeal

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HAMILTON v. GOURLEY, C038751

The DMV exceeded its jurisdiction in suspending plaintiff's commercial license for one year, because the statute under which it purported to act, Vehicle Code section 15300(a)(1), does not authorize that penalty for the offense of which plaintiff was convicted, driving a vehicle with a blood-alcohol content of .08 percent or more, under Vehicle Code section 23152(b).

Appellate Information

  • Decided 10/31/2002
  • Published 10/31/2002

Judges

  • CALLAHAN, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  •  Law Offices of Kenneth M. Foley and Kenneth M. Foley, San Andreas, for Plaintiff and Appellant.

  • For Appellees:
  • Bill Lockyer, Attorney General, Jacob A. Appelsmith, Barbara J. Seidman and Leslie A. Burgermyer, Deputy Attorneys General, for Defendant and Respondent.
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