McDaniel

McDaniel v. Department of Motor Vehicles

Good Law
1994 Cal. App. LEXIS 81·22 Cal. App. 4th 76·27 Cal. Rptr. 2d 149·94 Daily Journal DAR 1315·94 Cal. Daily Op. Serv. 766
Court of Appeal of CaliforniaJanuary 31, 1994A062104California1,637 words

Opinion

Opinion

order granting the petition of respondent Cloy McDaniel for writ of mandate. In 1987, the DMV revoked McDaniel’s driver’s license for four years pursuant to Vehicle Code section 13352, subdivision (a)(7), which requires license revocation upon a fourth drunk driving conviction. In the petition, McDaniel sought an order requiring the DMV to consider and accept his application for reinstatement of his driver’s license. The order from which the DMV now appeals grants the petition on condition that McDaniel enroll in a one-year program as section 13352, subdivision (a)(7), prescribed in 1987. On appeal, the DMV contends that the trial court erred in granting the writ because McDaniel did not satisfy the statutory requirements for reinstatement. We agree. Therefore, we reverse.

Factual and Procedural Background

On October 13, 1987, McDaniel pleaded guilty to a charge under section 23152, subdivision (a), of driving under the influence of alcohol. He also admitted that he had suffered two prior convictions for driving under the influence of alcohol. Pursuant to a plea bargain, the court suspended imposition of sentence and placed McDaniel on probation, with the condition that…

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