Johnson v. Department of Motor Vehicles

Opinion

PUGLIA, P. J. The question in this appeal is whether the statute mandating a one-year suspension of the driver’s license of one convicted of [697]vehicular manslaughter applies when, by force of circumstances, the suspension would run consecutive to a one-year revocation based on discretionary, administrative review of the same conduct that underlies the manslaughter conviction. The answer is yes.

The Department of Motor Vehicles (DMV) appeals from a judgment issuing a writ of mandate on the petition of Kenneth Johnson (plaintiff). The writ directs DMV both to lift the suspension of plaintiff’s driver’s license and immediately to issue plaintiff a driver’s license. We shall reverse.

On April 15, 1987, a car driven by plaintiff struck and killed a pedestrian. At the scene of the accident, plaintiff admitted to the investigating officer that he had been drinking. Plaintiff was arrested and charged with vehicular manslaughter (Pen. Code, § 192, subd. (c)(3)) and driving under the influence of alcohol and causing bodily injury to another (Veh. Code, § 23153, subd. (a); all statutory references to sections of an undesignated code are to the Vehicle Code).

On receipt of information that a licensee has been involved as a driver in any accident causing death or bodily injury, DMV “may conduct an investigation to determine whether the privilege of [that] person to operate a motor vehicle should be suspended or revoked . . . .” (§ 13800.) In addition to the investigation, DMV “may require the re-examination” of the licensee’s qualifications to drive. (§ 13801.)

Informed of plaintiff’s involvement in a fatal accident, DMV ordered plaintiff to appear for reexamination. At the conclusion of the reexamination, DMV found plaintiff was a negligent operator of a motor vehicle who caused or contributed to the cause of a fatal accident. DMV revoked plaintiff’s driving privilege in the interest of safety. The revocation, pursuant to section 13953, was effective July 11, 1987.1 In compliance with the order of revocation, plaintiff surrendered his driver’s license but requested a hearing before DMV to contest the revocation. (See §§ 13950-13953.) Plaintiff later withdrew his request and no hearing was held.

Where, as here, no period of revocation is prescribed, the divested licensee may, after one year, submit to reexamination to reestablish his driving privilege. (§ 12807, subd. (b).) In September 1988, 14 months after the