Smith v. Department of Motor Vehicles

The Department of Motor Vehicles of the State of California (DMV) appeals from a judgment in favor of Kent Eric Smith (Smith) granting a peremptory writ of mandate directing the DMV to reinstate Smith’s class 1 or 2 (truck and bus) driver’s license. At issue is a DMV regulation which purportedly provides that persons with diabetes requiring insulin to control the condition may not be granted class 1 or 2 drivers’ licenses.

DMV argues that under California statutes and regulations persons with insulin-controlled diabetes are absolutely barred from class 1 or 2 licensure. We do not read the code provisions so narrowly. We find that there are several statutory exceptions to the rule in question which, depending on the facts of each individual case, may permit the class 1 or 2 driving privilege to be extended to an insulin-controlled diabetic. We find that Smith has made a showing bringing himself within these exceptions. Accordingly, we do not reach the question whether an absolute bar from class 1 or 2 licensure would be constitutional, and we affirm the judgment.

Evidence at the Administrative Hearing

On July 2, 1982, a formal hearing was held before the DMV (Mr. H.…