Draeger

The Department of Motor Vehicles (DMV) suspended Noel Louis Draeger’s driver’s license in September 1996 pursuant to Vehicle Code section 13352, subdivision (a)(3) following two drunk driving convictions, one in California, and one in Florida. Draeger argued the Florida statute was not comparable to section 23152, California’s drunk driving statute. He filed a petition for writ of mandate against Sally Reed, Director of DMV, after DMV failed to correct Ms driving record or grant Mm an administrative hearing.

The trial court granted the writ and ordered Reed to: (1) eliminate the Florida drunk driving conviction from Draeger’s DMV record; and (2) set aside the order suspendmg Ms driver’s license. It later demed Draeger’s request for attorney fees under Codé of Civil Procedure section 1021.5. Both parties appeal. We affirm the judgment.

I

The Statutory Scheme

California participates in the Driver License Compact with 37 other states and the District of Columbia. (§ 15000 et seq.; see Historical and Statutory Notes, 66 West’s Ann. Veh. Code (1999 pocket supp.), § 14911, pp. 278-279 (hereafter Compact).) Before widespread adoption of the Compact, less formal arrangements…