DMV

Introduction

Petitioner, Department of Motor Vehicles (the DMV), seeks a writ of mandate directing respondent court to vacate its order requiring it to produce to the People its unredacted records concerning real party in interest, Teodorico Manliclic Carmona (Carmona), who is charged with vehicular homicide arising out of a May 24, 2000, traffic collision. The People issued a subpoena duces tecum for the records. The DMV opposed the subpoena, claiming privileges under Vehicle Code section 1808.5 and Evidence Code section 1040, subdivision (b)(2). Carmona joined in the People’s request that the DMV produce the records.

The DMV contends that entries in Carmona’s driving record relating to his physical or mental condition are absolutely privileged (1) under section 1808.5, which provides, in relevant part: “all records of the department relating to the physical or mental condition of any person ... are confidential and not open to public inspection”; and (2) under Evidence Code section 1040, subdivision (b), the official information privilege.

We hold that: (1) section 1808.5 does not create a privilege, independent of Evidence Code section 1040, to withhold information…