Dowell

The Department of Motor Vehicles (Department) appeals from the judgment commanding it to set aside its decision suspending Rodney Phillip Dowell’s driver’s license based upon his failure to establish financial responsibility as a driver in an automobile accident which caused substantial property damage. (Veh. Code, § 16070.) It contends that regardless of Dowell’s good faith belief that the automobile in which he was driving was insured, if he, in fact, was not “financially capable,” as defined by section 16021 of the Vehicle Code, his license was properly suspended.

The Department having elected to make this a test case, the underlying facts are not in dispute. Dowell, an uninsured driver, while operating an uninsured vehicle, was involved in a traffic accident in March 1988, which resulted in damage of $500 or more. The Department notified him of its intent to suspend his driver’s license, and he sought administrative review.

At his administrative hearing, Dowell averred he would not have taken possession of the vehicle if he had known it was uninsured. Therefore, he claimed, before he did so he had asked for, and had been shown, an insurance card and a current policy…