McAvoy

I dissent.

For the reasons stated in my dissenting opinion in Thomas v. Department of Motor Vehicles, ante, p. 335 [ 90 Cal.Rptr. 586 , 475 P.2d 858 ], I would affirm the judgment.

Tobriner, J., concurred.

Defendant (hereinafter referred to as “the department”) appeals from a judgment of the Superior Court of Los Angeles County granting a writ of mandate directing it to set aside an order revoking the driving privilege of plaintiff (hereinafter referred to as “petitioner”) for a period of three years (Veh. Code, § 13352, subd. (e)).

December 9, 1957, January 20, 1960, and November 3, 1967, petitioner pleaded guilty in the Municipal Court of the Los Angeles Judicial District to three separate misdemeanor charges of driving a vehicle while under the influence of intoxicating liquor (Veh. Code, § 23102). Petitioner was not represented by counsel in any of the proceedings, and no question was raised in either the 1960 proceeding or the 1967 proceeding with respect to the validity of the 1957 conviction.

December 4, 1967, the department, under the authority of section 13352, subdivision (e), of the Vehicle Code, issued its order revoking petitioner’s privilege to operate a motor vehicle on the highways of this state for a period of three years. 1 December 29, 1967, petitioner’s attorney *345 wrote to the department, requesting reinstatement on the ground that petitioner’s 1957…