Kriesel

Respondent, the Director of the Department of Motor Vehicles, revoked petitioner’s motor vehicle operator’s license. Petitioner, by petition for writ of mandate in the superior court, sought to set aside the order of revocation. Trial was had on the record of the administrative proceedings previously held before the Department of Motor Vehicles. The court upheld the administrative order and entered findings of fact and conclusions of law supporting such decision. This appeal is from such judgment.

The administrative proceedings had been initiated by service upon petitioner of a “Notice of Proposed Action, Grounds Therefor, and Opportunity to be Heard. ” Petitioner appeared at a formal hearing and was represented by counsel. The referee rendered his findings of fact, found petitioner responsible for a collision causing death of a pedestrian, found him to be a negligent driver, and recommended invocation of his driver’s license.

Thereupon, respondent revoked petitioner’s license to drive. Petitioner filed his petition for writ of mandate alleging respondent’s findings were not supported by the evidence in that (1) petitioner had not received a sufficient traffic violation point…