Ruttenberg

Appellant Department of Motor Vehicles (DMV) appeals from a judgment of the superior court granting respondent’s petition for writ of mandate ordering the DMV to set aside its order of suspension and to reinstate respondent’s driving privilege as if no suspension had ever occurred. We reverse the judgment.

I

Factual Background

On March 8, 1984, respondent Michael Ruttenberg, owner and operator of a motor vehicle, was involved in a two-car collision in the City of San Diego. No injuries or fatalities were suffered in the accident and the other driver was cited for failure to yield the right of way to respondent. Respondent, however, was cited at the scene for failure to maintain financial responsibility pursuant to Vehicle Code section 16020 which requires that “Every driver of, and owner of, a motor vehicle shall, at all times, maintain in force one of the forms of financial responsibility specified in Section 16021.”

At the time of the accident, respondent, a licensed physician, had recently returned from a six-month stay in the People’s Republic of China where he had been studying traditional medicine. During that period of time, respondent stored his vehicles and…