Snow

Julie Ann Snow appeals the judgment denying her petition for a writ of mandate ordering the Department of Motor Vehicles (Department) to delete from its files references to her driving with excessive blood alcohol and suspension of her driver’s license.

On July 21, 1991, California Highway Patrol Officer Eric Flynn arrested Snow for driving under the influence of alcohol and driving with excessive alcohol in her blood. (Veh. Code., § 23152, subds. (a) & (b).) After a breath test reflected a .09 blood-alcohol level, Flynn gave Snow notice her privilege to drive could be suspended for four months effective forty-five days after her arrest. (§§ 13353.2 & 13353.3.) Snow does not claim she sought administrative review of the suspension. It went into effect on September 4, 1991. (§ 13559, subd. (a).) The People charged Snow with driving under the influence of alcohol and with a blood-alcohol level of .08 percent or more. A jury was unable to reach a verdict, and the court dismissed the charges pursuant to Penal Code section 1385.

Relying on section 13353.2, subdivision (e), Snow filed a petition for writ of mandate to order the Department to delete from its files reference to…