ESSAYLI
ESSAYLI v. Department of Motor Vehicles
Opinion
Opinion
Hollenhorst, J.
INTRODUCTION
The Department of Motor Vehicles (DMV) appeals from judgment in favor of plaintiff Bilal Essayli based on the trial court’s finding that the DMV abused its discretion in awarding two points against Essayli’s driving record for a basic speed law conviction and accident arising from the same conduct.
FACTUAL AND PROCEDURAL BACKGROUND
On January 3, 2003, Essayli, who was then 17 years old, was involved in a traffic accident in which the vehicle Essayli was driving rear-ended another vehicle and pushed that car into a third vehicle. The investigating officer determined that Essayli caused the accident by driving at excessive speed. Essayli received a citation for and was convicted of violating Vehicle Code section 22350, the basic speed law.
As a result of the conviction and related accident, the DMV assessed Essayli with two points on his driving record: one point for the section 22350 conviction and one point for being involved in an accident in which he was determined to be responsible. As a result of receiving two points on his driving record within a 12-month period, Essayli’s license was restricted for 30 days under section 12814.6. Under the…