Powers

*704 Opinion

The Department of Motor Vehicles appeals from a judgment granting a peremptory writ of mandate compelling the department to rescind an order of suspension and restore the license of petitioner.

Question Presented

The sole question herein is whether a plea of guilty and forfeiture of, bail followed by a dismissal is sufficient to constitute a conviction within Vehicle Code section 13103.

Facts

On April 7, 1962, petitioner was arrested for driving while under the influence of intoxicating liquor. On April 9 a complaint was filed in the Justice Court of Anderson Judicial District, Shasta County, charging him with violation of section 23102, subdivision (a), of the Vehicle Code (misdemeanor drunk driving). The court record is most confusing and even contradictory. It indicates that on June 6 petitioner pleaded both guilty and not guilty. He forefited bail in the sum of $276. The same day the judge issued an order to the county auditor to draw warrants payable to the Anderson Justice Court for $276 and to petitioner for $39.

On June 25 the District Attorney of Shasta County filed a request for dismissal of the complaint against petitioner “in the interest of Justice…