Williams v. Department of Motor Vehicles

The preliminary facts giving rise to the petition for writ of mandate, the issuance of which is the subject of this appeal are not in dispute.

On or about December 31, 1963, Herbert Williams (hereinafter Williams) was convicted of violating Vehicle Code section 23102, subdivision (a) (driving a motor vehicle while under the influence of intoxicating liquor) in the Municipal Court of the Pasadena Judicial District, County of Los Angeles, following his plea of guilty at the time of the arraignment. The court recommended no suspension of Williams’ driver’s license. The abstract of Williams’ judgment of conviction states that he was duly arraigned, the complaint was read to him, and he was informed of his constitutional and legal rights. The abstract does not specifically state that Williams was represented by counsel or that he knowingly and intelligently waived his right to counsel.

On October 2, 1967, in the Municipal Court of the Santa Anita Judicial District, County of Los Angeles, after his plea of guilty, Williams was again convicted of a violation of Vehicle Code section 23102, subdivision (a). At that time he was duly advised of his constitutional and legal.rights,…