Mayo v. Department of Motor Vehicles

[408]

Opinion

WHITE, P. J.

I

Background

This appeal arises from an order of the Department of Motor Vehicles (DMV) revoking the driver’s license of respondent Keith Alan Mayo for a one-year period pursuant to Vehicle Code section 13352.3,

1

because of a conviction for driving under the influence of alcohol while under 18 years of age. Section 13352.3, subdivision (a), provides in pertinent part: “... the department shall immediately revoke the privilege to operate a motor vehicle of any person upon [a] showing that the person was convicted of a violation of Section 23152 or 23153 [driving under the influence] while under 18 years of age, ...” Subdivision (b) of section 13352.3 provides that “[t]he term of revocation shall be until the person reaches 18 years of age, for one year, or for the period prescribed ... in subdivision (a) of Section 13352, whichever is longer____”

In response to the order of revocation, respondent filed in the superior court a petition for writ of mandamus to set aside the order. Respondent argued that although the drunk driving offense occurred while he was under 18 years of age, he was not convicted of the offense until after he reached 18. Respondent contended that section 13352.3 applies only to persons who suffer a drunk driving

conviction

before 18 years of age. The trial court agreed and issued a judgment granting a writ setting aside the DMV order. Appellant DMV appeals.

II

Discussion

The sole issue on appeal is the interpretation of the following statutory language of section 13352.3, subdivision (a): “...

the person was convicted of a violation of Section 23152 or 23153 while under 18 years of age,

...” (Italics added.) Appellant contends that the statute refers to a person who committed a drunk driving violation while under 18 years of age, regardless of when he was convicted of the violation.