Johnson v. Department of Motor Vehicles

MONROE, J. pro tem.

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In October, 1958, the Department of Motor Vehicles gave notice to the petitioner that its records showed that he was a negligent driver, in that he had violated traffic laws. He requested a formal hearing, and such hearing was held pursuant to section 318

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of the California Vehicle Code. As a result of that hearing, the Department determined that petitioner was a negligent operator of a motor vehicle and in accordance with the provisions of sec

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tion 319 of the Vehicle Code, placed him upon probation. By the terms of the probation, he was permitted to drive a motor vehicle upon condition that he surrender his operator’s license and upon condition that he obey all the provisions of the Vehicle Code and all traffic regulations. The order was made effective as of January 9, 1959. Thereupon petitioner applied to the superior court for a writ of mandate. An alternative writ was issued and upon the filing of answer on behalf of the Motor Vehicle Department hearing was had. From a denial of the writ this appeal is taken.

The record of the Motor Vehicle Department reveals the following with respect to petitioner:

“(1) April 6, 1955, Pasadena Municipal Court, illegal U-turn (Sec. 476A-1), forfeited bail.

“(2) January 4, 1956, Delano Judicial District, speeding (Sec. 510), forfeited bail.

“(3) March 6, 1956, Antelope Judicial District (Lancaster), speeding (Sec. 510), found guilty following jury trial, paid fine.

“ (4) March 27, 1958, Los Angeles Municipal Court, speeding (See. 510), denied driving at rate of speed charged but admitted driving at 60 or 65 miles per hour, paid fine.

“(5) April 8, 1958, Anaheim Municipal Court, speeding (Secs. 510-511), tried and found guilty, sentence suspended.

“(6) May 20, 1958, Los Angeles Municipal Court, speeding (Sec. 510), forfeited bail.

“ (7) May 28, 1958, Bedwood City Municipal Court, illegal U-turn (See. 476A-1), pleaded guilty, sentence suspended.