Baldwin

The Department of Motor Vehicles (DMV) appeals from a judgment granting respondent John Robert Baldwin’s petition for writ of mandamus, in which Baldwin sought to overturn the DMV’s order revoking his driver’s license. The DMV issued the order after receiving notice of Baldwin’s third conviction for driving under the influence of alcohol. The judgment directs the DMV to vacate its order and to issue Baldwin a restricted license in accordance with the order of the criminal court where Baldwin suffered his most recent conviction. The DMV contends that the superior court misapplied the relevant statutes in granting the writ. We agree, and therefore reverse the judgment.

Factual and Procedural Background

By letter dated September 13, 1993, the DMV informed Baldwin that it was revoking his driver’s license for three years, effective August 10, 1993. The letter explained that the DMV was acting under Vehicle Code section 13352, subdivision (a)(5), based on Baldwin’s three drunk driving convictions under section 23152, subdivision (a), within seven years. For purposes of this mandamus proceeding, Baldwin does not contest the validity of any of these convictions, and concedes…