Clerici

This case involves an application by respondent Jose Ramon Clerici to obtain a vehicle salesperson’s license from the Department of Motor Vehicles (DMV). The DMV denied the application because of Clerici’s prior conviction for possession of cocaine for sale, which it determined was a crime of moral turpitude substantially related to Clerici’s honesty and integrity to act as a salesman. Clerici’s administrative appeal was unsuccessful, and he filed a petition for writ of mandamus with the Superior Court of Stanislaus County. The court held there was insufficient evidence to support the DMV’s decision and ordered the DMV to issue the license. The DMV now appeals the judgment of the superior court, contending it has the authority to deny a vehicle salesman’s license because Clerici’s conviction was a crime involving moral turpitude.

Facts

On October 11, 1986, respondent Jose Ramon Clerici was arrested by Drug Enforcement Administration agents in San Diego after the agents discovered approximately 1260.8 grams of methamphetamine in his vehicle. Clerici was also under the influence of narcotics. On July 21, 1987, Clerici was again arrested after 17.9 grams of cocaine were…