Atkinson
Atkinson v. Dept. of Motor Vehicles
Opinion
Opinion
Franson, J.
FACTS AND PROCEEDINGS
The 17 respondents in this appeal are Mark Bonaudi, Brandon Shelton, Jessica Banchieri, Samuel Gunter, Samantha Holdren, Joseph Castagnoli, Robert Tegowski, Pete Peralta, Broderick Atkinson, Yesy Zermeno, Michael Marquez, Mary Paulsen, Guillermo Tamayo, Leland Hallock, Jose Arroyo, Tom Lara, and Rodolfo Rascon (collectively, Drivers). Attorney Richard O. Middlebrook represented the Drivers in the administrative proceedings, in the superior court, and on appeal. Each Driver was arrested for driving under the influence and, in accordance with statute, was served with an order suspending his or her driver’s license. The Drivers subsequently requested APS hearings to challenge the suspension order. After the APS hearings were scheduled, each Driver requested a continuance of the hearing because their attorney was required to appear in trials or hearings scheduled in other criminal cases. The DMV denied 15 of the Drivers’ requests to continue their APS hearings and reimposed the administrative orders suspending their licenses. In Bonaudi’s APS proceeding, the DMV did not rule on his request. In Atkinson’s APS proceeding, the DMV set aside the order suspending his…