Wang
Yan Ju Wang v. Valverde
Opinion
Opinion
Rothschild, J.
The trial court granted Yan Ju Wang’s petition for a writ of administrative mandate compelling the Department of Motor Vehicles (DMV) to set aside its revocation of Wang’s class C driver’s license. The DMV appeals, and we affirm.
BACKGROUND
The facts necessary to our decision are not in dispute. The trial court provided the following useful summary: “[Wang], the holder of a valid Class C (noncommercial) driver’s license, applied for a Class B (commercial) driver’s license. She was given a written examination to determine whether she was qualified for a Class B license, but she was not permitted to complete that examination because she was allegedly cheating in the taking of the examination by using crib notes. [][] [Wang] was never criminally prosecuted for using crib notes, under Vehicle Code section 14610.5, because the [DMV] determined that there was insufficient evidence to support criminal action. [Citation.] The only administrative action taken against [Wang] by the [DMV] was to order the revocation of her Class C (noncommercial) driver’s license.”
After exhausting her administrative remedies, Wang filed a petition for writ of administrative mandate to compel the…