Carlton

The Department of Motor Vehicles (DMV) appeals from a judgment granting Jeffrey Carlton’s petition for a peremptory writ of mandate under Code of Civil Procedure section 1094.5. This writ commands the DMV to set aside its decision revoking Carlton’s probation and suspending his driver’s license for 90 days. We affirm the judgment.

Facts and Proceedings Below

In 1986 the DMV found Carlton to be a negligent operator of a motor vehicle and ordered his license suspended. The suspension was stayed and Carlton was placed on probation. Under the terms of his probation, Carlton was required to “remain free from traffic accident responsibility.”

While on probation, Carlton was involved in a traffic accident. No citation was issued to Carlton but the police report on the accident sent to DMV stated that in the reporting officer’s opinion Carlton was “most responsible” for the accident. The data from the accident report was electronically transcribed into the DMV’s computer system pursuant to Vehicle Code section 1806. (See infra, p. 1433.) DMV revoked Carlton’s probation and suspended his driver’s license solely on the basis of the opinion expressed in the accident report that…