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California Court of Appeal


Brierton v. Department of Motor Vehicles, D047088

Denial of petition for a writ of mandate seeking to prevent the DMV from enforcing an order of suspension against plaintiff is affirmed over claim that the suspension of plaintiff's driver's license under Vehicle Code1 section 13352(a)(3), requiring a two-year suspension of driving privileges for anyone suffering two alcohol-related driving offense convictions within 10 years, violates the separation of powers doctrine because it imposes a term of suspension different from the suspension the trial court imposed in plaintiff's criminal case.

Appellate Information

  • Decided 06/13/2006
  • Published 06/13/2006

Judges

  • AARON, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • John Greenwood Brierton, in pro. per.;   and Alex L. Landon, San Diego, for Plaintiff and Appellant.

  • For Appellees:
  • Bill Lockyer, Attorney General, Jacob A. Appelsmith, Chief Assistant Attorney General, and Chris A. Knudsen, Deputy Attorney General, for Defendant and Respondent.
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