Bussard

The Department of Motor Vehicles (the DMV) appeals from a judgment granting respondent Richard Bussard, Sr.’s petition for writ of mandate. The writ directed the DMV to set aside its suspension of respondent’s driver’s license for driving with blood-alcohol content in excess of 0.08 percent. In granting the writ, the trial court reasoned that the hearing officer improperly granted a continuance of the administrative hearing without a showing of good cause by the DMV. On appeal, the DMV contends the continuance was not an abuse of discretion and respondent was not prejudiced thereby, thus the trial court erred in granting the writ. We agree with the DMV. Consequently, we reverse the trial court’s judgment and remand with instructions to deny the writ and reinstate the DMV’s suspension order.

FACTS AND PROCEDURAL BACKGROUND

The underlying facts and procedural history are essentially undisputed. We briefly summarize the salient points. On June 9, 2006, Kern County Sheriff Deputy Barker observed respondent’s vehicle make a left turn against a red traffic signal and then travel on the wrong side of the street. Deputy Barker initiated a traffic stop and respondent complied by…