Bacon v. Cal. Dept. of Motor Vehicles CA4/1

Filed 6/18/25 Bacon v. Cal. Dept. of Motor Vehicles CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

JOHN HENRY BACON, D083829

Plaintiff and Appellant,

v. (Super. Ct. No. 37-2019- 00051544-CU-PT-CTL) CALIFORNIA DEPARTMENT OF MOTOR VEHICLES,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of San Diego County, Ronald F. Frazier, Judge. Affirmed. John Henry Bacon, in pro. per., for Plaintiff and Appellant. Rob Bonta, Attorney General, Chris A. Knudsen, Assistant Attorney General, Alice Quinton, Deputy Attorney General, for Defendant and Respondent. John Henry Bacon appeals from an adverse judgment after a summary judgment ruling in favor of the California Department of Motor Vehicles (DMV) in his action challenging the DMV’s suspension of his driver’s license. Finding no error, we affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND A. DMV’s Summary Judgment Evidence In March 2017, officers of the Torrance Police Department stopped Bacon at a DUI and driver’s license checkpoint. Bacon repeatedly refused to provide his driver’s license and insisted he was not required to do so. The officers informed him he was required to provide his driver’s license under

Vehicle Code section 12951, subdivision (b).1 After about 15 minutes of back and forth, an officer attempted to turn off the ignition of Bacon’s running vehicle and remove the key for safety reasons. Bacon physically tried to prevent him from doing so. One officer had to restrain Bacon so that another officer could remove the key. Bacon finally agreed to provide his license after the officers threatened to place him under arrest. During their interaction with Bacon, the officers observed no sign of impairment with alcohol or narcotics. After the incident, Officer Horikawa filled out a form requesting a DMV reexamination of Bacon and checked a box indicating concern about Bacon’s “Mental/Emotional Condition.” In the space provided to describe the events leading to the request for reexamination, Officer Horikawa wrote: “Driver Bacon was contacted in DUI/CDL checkpoint and refused to comply with 12951(b) CVC despite numerous explanation attempts of the Vehicle Code. Bacon insisted he was not subject to the Vehicle Code specifically DUI/CDL checkpoints and having to show his CDL to a police officer.” On April 5, 2017, the DMV served Bacon with a “Notice of Reexamination Appointment” for an in-person examination on May 15, 2017.