Department of Motor Vehicles v. Superior Court

Real party in interest William Richard Hardin has been convicted of driving while under the influence of alcohol in San Mateo County three times within the last three years. As a result of these convictions, petitioner, the Department of Motor Vehicles, was prepared to effect the mandatory revocation of Hardin’s driver’s license pursuant to Vehicle Code section 13352. Hardin filed a petition for writ of prohibition in respondent superior court, praying, inter alia, that the department be prohibited from suspending his driver’s license.

In support of his petition, Hardin argued that he was entitled to the benefits of the provisions of Vehicle Code sections 13201.5 and 13352.5, which would preclude the suspension of his driver’s license, if he participated in an alcoholic treatment program pursuant to Vehicle Code section 13201.5. He also argued that to confine eligibility for the treatment program to those convicted in one of the four “demonstration” counties, as provided in Vehicle Code section 13201.5, subdivision (b), constitutes a denial of equal protection and that a proper construction of Vehicle Code section 13201.5 required its immediate application in all…