Wallace

On October 29, 1968, the Department of Motor Vehicles (hereinafter referred to as the “DMV”) suspended the California driver’s license of Duncan H. Wallace (hereinafter referred to as respondent) pursuant to section 13352 of the Vehicle Code. The suspension was based on a conviction in August of 1968 of a violation of Vehicle Code section 23102, together with a conviction suffered in 1964 for a violation of section 367d of the Penal Code.

Thereafter respondent filed a petition for writ of mandate in the Superior Court of Ventura County to review DMV’s action. The petition was granted and DMV was ordered to “set aside [its] Order of Suspension, dated October 29, 1968, suspending the California Vehicle Operator’s License of the [respondent] . . .

The superior court concluded that the DMV’s order of October 29, 1968 “suspending petitioner’s driving privileges pursuant to section 13352(c) of the California Vehicle Code is invalid because [the DMV] proceeded in excess of their jurisdiction and in a manner other than authorized by law in that a prior conviction under section 367(d) of the Penal Code is not cause for license suspension under section 13352(c) of the California…