California Court of Appeal

Judgment granting a petition for writ of ordinary mandate compelling defendant Department of Motor Vehicles (DMV) to set aside its calculation of the period of post conviction suspension of plaintiff-licensee is reversed with directions to deny the writ, where: 1) under Vehicle section 13352.4, which the trial court relied on, a restricted license is not a type of suspended license; 2) the Legislature intended to differentiate between suspension and restriction; 3) section 11353.3(c) does not entitle plaintiff to full concurrency for the period his license was merely restricted; and 4) the trial court ultimately misconstrued the statutes governing the interplay of suspensions due to administrative actions by the DMV and criminal actions in drunk driving cases.

Appellate Information

• Decided 01/12/2015
• Published 01/12/2015

Judges

• Duarte

Court

• California Court of Appeal

Counsel