Alderette

Alderette v. Department of Motor Vehicles

Good Law
135 Cal. App. 3d 174·185 Cal. Rptr. 172·1982 Cal. App. LEXIS 1892
Court of Appeal of CaliforniaAugust 18, 1982Civ. 53180California2,065 words

Opinion

Opinion

Smith, J.

Appellants holders of farm labor vehicle driver certificates who have been convicted of violating section 23102, subdivision (a) of the Vehicle Code (driving under the influence of intoxicating liquor), appeal from a judgment of the Monterey County Superior Court which denied their petition for writ of prohibition and mandate challenging the constitutionality of section 12520.5, which provides for the automatic and mandatory revocation of farm labor vehicle driver certificates upon conviction of violation of section 23102, subdivision (a).

The sole issue on appeal is the constitutionality of section 12520.5, specifically, whether it violates either the equal protection or due process clauses of the United States and California Constitutions.

The facts are not in dispute. Appellants possessed farm labor vehicle driver’s certificates and were employed as bus drivers/foremen of farm labor work crews. Section 12519 requires every person who operates a farm labor vehicle to possess such a certificate. Appellants were convicted of misdemeanor drunk driving (§ 23102, subd. (a)) while operat ing their private vehicles off duty, and their certificates were revoked pursuant to…

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