Brierton
Brierton v. Department of Motor Vehicles
Opinion
Opinion
Aaron, J.
I.
INTRODUCTION
Appellant John Greenwood Brierton appeals the denial of his petition for a writ of mandate seeking to prevent the Department of Motor Vehicles (DMV) from enforcing an April 22, 2005 order of suspension against him. Brierton contends that the DMV’s suspension of his driver’s license under Vehicle Code section 13352, subdivision (a)(3), which requires the DMV to suspend for two years the driving privileges of any person who suffers two alcohol-related (hiving offense convictions within 10 years, violates the separation of powers doctrine because it imposes a term of suspension different from the suspension the trial court imposed in Brierton’s criminal case. According to Brierton, by allowing the DMV to suspend his license for two years, the Legislature has usurped the sentencing discretion of the trial court. We reject this contention and affirm the trial court’s denial of Brierton’s petition for a writ of mandate.
n.
FACTUAL AND PROCEDURAL BACKGROUND
A. Factual background
1. Brierton’s July 2003 arrest
On July 30, 2003, a San Diego State University Police Department officer saw Brierton accelerate his vehicle and lose traction for approximately 20…