Gaston

The Department of Motor Vehicles (department) appeals from a judgment of the Contra Costa County Superior Court granting a writ of mandate directing the department to set aside an order suspending the driving privilege of John Michael Gaston for 18 months. We shall reverse the judgment issuing the writ and vacate the writ.

*76 Factual and Procedural Background

On February 28, 1984, Gaston pled guilty to and was convicted of driving while intoxicated by the Paradise Valley Magistrate Court, Maricopa County, Arizona. As a result, by letter dated July 9, 1984, Gaston was informed his California driver’s license was suspended by the department for six months pursuant to Vehicle Code section 13352, subdivision (a)(1). 1 On July 27, 1984, the department informed Gaston the suspension of his license had been set aside under section 13551 2 and that he could keep his license. The suspension was set aside apparently because Gaston had been granted probation by the Arizona court. (See Veh. Code, § 13352, subd. (a)(1).)

On November 3, 1988, Gaston was again convicted for driving under the influence of alcohol, this time by the Walnut Creek-Danville, California Municipal Court.…