Claxton

Introduction

The Department of Motor Vehicles (Department) appeals from a judgment of the superior court granting a petition for writ of mandate directing the Department to set aside an order suspending respondents’ driving privileges and to pay respondents’ attorney fees.

Respondents were arrested for driving under the influence of alcohol and the Department suspended their driver’s licenses pursuant to the administrative per se statute, Vehicle Code section 13353.2, subdivision (a). They were charged with violations of section 23152, subdivisions (a) and (b), but were found not guilty of the section 23152(b) charges based on stipulated facts or pursuant to plea bargains. They sought reinstatement of their licenses under section 13353.2(e) which requires the Department to “immediately reinstate” driving privileges if the person whose license was suspended under section 13353.2(a) is “acquitted of criminal charges relating to a determination of facts under subdivision (a).” The Department refused to reinstate respondents’ driving privileges, contending that section required reinstatement only upon an acquittal where the issues are actually litigated and determinations…