Austin v. Department of Motor Vehicles

The Department of Motor Vehicles (DMV) appeals from a judgment granting a peremptory writ of mandate compelling it to set aside a decision to suspend respondent Michael Austin’s privilege to drive pursuant to Vehicle Code section 16070 for failure to establish proof of financial responsibility. We will affirm.

Statement of the Case and Facts

The underlying facts are not in dispute. On December 4, 1985, respondent was involved in a traffic accident in which the other driver was at fault. In compliance with section 16000 of the Vehicle Code, respondent reported the accident on the approved SR 1 form supplied by the DMV. To the question whether and by whom he was insured respondent evasively replied that the other driver had agreed to pay for all damages.

Upon receipt of this report form, the DMV notified respondent of its intent to suspend his license pursuant to section 16070, and of his right to a hearing. Respondent requested a formal hearing which operated to stay the suspension.

Respondent, who appeared with counsel, presented no evidence at the hearing. The DMV presented only a copy of respondent’s SR 1 report form. At the conclusion of the hearing the referee…