California Court of Appeal

In an action by plaintiff who was convicted of DUI and whose driver's license was suspended for six months, under Vehicle Code section 13352(a)(1), seeking to compel the Department of Motor Vehicles to issue her a restricted license, pursuant Vehicle Code 13352(a)(3), the trial court's order for the DMV to issue plaintiff a restricted driver's license is reversed, where the unambiguous language of section 13352(a)(3) does not give plaintiff the right to obtain a restricted driver's license, because it only applies to drivers who have been convicted of DUI on more than one occasion, and although plaintiff had been arrested for DUI once previously, she had never before been convicted of DUI.

Appellate Information

• Decided 07/06/2012
• Published 07/06/2012

Judges

• FYBEL

Court

• California Court of Appeal

Counsel