Cozens

Robert C. Cozens, Director of the Department of Motor Vehicles, petitions for a writ to restrain the superior court from enforcing its order prohibiting the department from suspending the driver’s license of the real party in interest, Dorothea R. Blaine, after her conviction for felony drunk driving (Veh. Code, §23101).

The petition is meritorious and should be granted for two reasons. First, the superior court does not have jurisdiction over the department in the proceeding in which the order was made. Second, the superior court does not have jurisdiction to prevent the department from performing its statutorily required duty to suspend Blaine’s license.

On December 21, 1971, a jury convicted Blaine of felony drunk driving, i.e., drunk driving causing bodily injury (Veh. Code, § 23101). On March 10, 1972, the court sentenced her to jail for one year, but suspended the sentence and placed her on probation. The order also states “. . . suspension of defendant’s license deemed to be automatic pursuant to Department of Motor Vehicle regulations; . .

On the same day, the court entered an order “staying execution of the order granting probation” pending termination of the…