De La Vigne v. Department of Motor Vehicles

This is an appeal from a judgment which in effect vacated and set aside an order of suspension of petitioner’s driving license.

A résumé of some of the background and facts in the matter is as follows: in July of 1962 respondent herein was charged with drunk driving (§23102, Veh. Code) in the Municipal Court of Los Angeles Judicial District. She pleaded guilty and was sentenced to pay a fine of $250 or suffer certain alternatives. Respondent was not represented by an attorney in that proceeding. The minutes of the court recite among other things that respondent was “duly arraigned, informed of the charge against him [sic] and of his [sic] legal rights. ’ ’ Nothing appears in the record with reference as to whether respondent waived any of her rights, such as a right to be represented by an attorney, or to have a jury trial, or to have witnesses brought to court or to a reasonable continuance or otherwise. The court recommended that “there be no license suspension” and apparently her license to operate a motor vehicle was not suspended by the appellant herein. An abstract of the judgment however was received by appellant.

In July of 1967 respondent was again arrested for drunk…