Anacker

The Director of the Department of Motor Vehicles appeals from judgment granting peremptory writ of mandate commanding him to set aside an order suspending respondent’s driving privilege under section 16070, Vehicle Code for failure to establish proof of financial responsibility.

The facts are not in dispute. In January 1975 respondent was involved in a motor vehicle accident in which he suffered bodily injury. An accident report was made and revealed that respondent did not possess automobile liability insurance; he did not otherwise demonstrate financial responsibility, then or since. Upon receiving information of these facts the Department of Motor Vehicles ordered respondent to obtain and/or show proof of financial responsibility. Upon his failure to do so, respondent received notice of suspension of his driving privilege. At respondent’s request an administrative hearing was held, and suspension was stayed pending the outcome of the hearing. The referee found that respondent had been in a motor vehicle accident which did not result in property damage in an amount greater than $250 but in which respondent had suffered bodily injury; and that respondent had not…