Johnson v. Department of Motor Vehicles

Good Law
1990 Cal. App. LEXIS 778·222 Cal. App. 3d 695·271 Cal. Rptr. 807
Court of Appeal of CaliforniaJuly 27, 1990No. C006044California1,952 words

Opinion

Lead Opinion

Puglia, J.

The question in this appeal is whether the statute mandating a one-year suspension of the driver’s license of one convicted of *697 vehicular manslaughter applies when, by force of circumstances, the suspension would run consecutive to a one-year revocation based on discretionary, administrative review of the same conduct that underlies the manslaughter conviction. The answer is yes.

The Department of Motor Vehicles (DMV) appeals from a judgment issuing a writ of mandate on the petition of Kenneth Johnson (plaintiff). The writ directs DMV both to lift the suspension of plaintiff’s driver’s license and immediately to issue plaintiff a driver’s license. We shall reverse.

On April 15, 1987, a car driven by plaintiff struck and killed a pedestrian. At the scene of the accident, plaintiff admitted to the investigating officer that he had been drinking. Plaintiff was arrested and charged with vehicular manslaughter (Pen. Code, § 192, subd. (c)(3)) and driving under the influence of alcohol and causing bodily injury to another (Veh. Code, § 23153, subd. (a); all statutory references to sections of an undesignated code are to the Vehicle Code).

On receipt of information that a…

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