Hasson v. Cozens

Opinion

McCOMB, J.

Defendant appeals from a judgment of the superior court granting a peremptory writ of mandate to compel the Department of Motor Vehicles (hereinafter referred to as “the department”) to refrain from suspending plaintiff’s driving privileges.

Facts:

On May 13, 1965, plaintiff, in propria persona, entered a plea of guilty in Division 51 of the Municipal Court for the Los Angeles Judicial District of Los Angeles County to a violation of section 23102 of the Vehicle Code (misdemeanor drunk driving). Sentence was imposed, and an abstract of the conviction was forwarded to the department.

On October 24, 1967, plaintiff, in propria persona, pled nolo contendere in Department 1 of the Municipal Court for the Inglewood Judicial District of Los Angeles County to a violation of section 23102 of the Vehicle Code. Plaintiff represented to the court that his prior conviction was invalid, because he had not been represented by counsel, had not been advised of his constitutional right to counsel, and otherwise had not intelligently waived his constitutional rights. The court accepted such representations, and, on motion of the People, the allegation of the prior conviction was stricken. On November 15, 1967, the court imposed sentence

[579]

and recommended that plaintiff’s license not be suspended.

1

Again, an abstract of conviction was forwarded to the department.

On January 12, 1968, because of the two abstracts of conviction filed with the department, plaintiff was served by the department with an order of suspension suspending his privilege to operate a motor vehicle, purportedly pursuant to section 13352, subdivision (c), of the Vehicle Code. Section 13352, subdivision (c), of the Vehicle Code provides that upon a

second

conviction for drunk driving within seven years the driving privilege of the person so convicted

“shall

be suspended” for one year. (Italics added.)