California DUI Lawyers Assn. v. Cal. Dept. of Motor Vehicles

INTRODUCTION

The Department of Motor Vehicles (DMV) conducts administrative hearings to determine whether automatic suspension of a driver’s license is warranted after the driver has been arrested for driving under the influence. At these hearings, the DMV mandates that the hearing officers simultaneously act as advocates for the DMV and as triers of fact. The DMV also authorizes its managers to change hearing officers’ decisions, or order the hearing officers to change their decisions, without notice to the driver. Based on these practices, the California DUI Lawyers Association and attorney Steven R. Mandell (collectively, CDLA) sued the DMV and its director1 for injunctive and declaratory relief. CDLA alleged three cause of action: (1) violation of 42 United States Code section 1983 affecting due process rights under the Fourteenth Amendment to the United States Constitution (section 1983); (2) violation of due process rights under article I, section 7 of the California Constitution (state due process); and (3) “illegal expenditure of funds” under Code of Civil Procedure section 526a (section 526a). CDLA alleged that both

Jean Shiomoto was the director of the DMV at the…