Moles

Moles v. Gourley

Good Law

112 Cal. App. 4th 1049·2003 Cal. App. LEXIS 1587·2003 Daily Journal DAR 11699·5 Cal. Rptr. 3d 555·2003 Cal. Daily Op. Serv. 9315

Court of Appeal of CaliforniaOctober 23, 2003H022750California4,049 words

Opinion

Wunderlich, J.

This appeal follows a judgment rescinding a driver’s license suspension. The appellant is the State of California Department of Motor Vehicles (DMV). The respondent is Kevin D. Moles, a licensed California driver.

At issue is whether the trial court erred in refusing to treat an offense committed in Virginia as a drunk driving conviction under California law.

We conclude that the out-of-state conviction should be given reciprocal effect in California. We therefore reverse the judgment.

FACTS AND PROCEDURAL HISTORY

In August 1998, Moles was convicted in Alexandria, Virginia for violating that state’s law against driving while intoxicated. (Va. Code, § 18.2-266.) The Virginia record indicated that the conviction was for “driving while intox.”

In October 1998, the DMV notified Moles that it had suspended his driving privileges as a result of the Virginia conviction. The 1998 suspension order informed Moles that he had the right to seek judicial review; he did not do so, however.

In June 2000, Moles was convicted in San Luis Obispo County, California of driving while under the influence of alcohol (DUI). (Veh. Code, § 23152.)

In July 2000, the DMV again suspended…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.