Rojas

FACTS AND PROCEDURAL HISTORY

According to the petition filed below, Rojas is a resident of San Bernardino County, and holds a valid California driver’s license. He was arrested, and on February 17, 2002, convicted of a first-time driving under the influence offense in Los Angeles County. Upon learning of the conviction, the Department of Motor Vehicles (the DMV) ordered Rojas to install an ignition interlock device on his vehicle pursuant to section 23700. Rojas then filed a petition for a writ of mandate in the San Bernardino County Superior Court, seeking to have DMV’s order set aside. He contends the pilot program discriminates against Hispanics and violates equal protection Rojas and the DMV each requested the court to take judicial notice of certain legislative materials. The court granted the DMV’s request, granted a portion of Rojas’s request, and denied the balance. The court denied Rojas’s petition, finding the writ petition was not for administrative mandate under Code of Civil Procedure section 1094.5, that driving is not a fundamental right and, consequently, section 23700 cannot be found to violate equal protection so long as there is a rational basis for the pilot…