Robertson v. Department of Motor Vehicles

Opinion

MERRILL, J.

This case raises the issue of whether there is a conflict in the drunk driving provisions of the Vehicle Code 1 between recently enacted administrative per se laws mandating the suspension of driving privileges of second offenders for a period of one year (§§ 13353.2 & 13353.3, subd. (b)(2)) and preexisting second-offender probation statutes providing for a restricted driver’s license (§§ 23165, 23166, 13352, subd. (a)(3), & 13352.5, subd. (a)). Contending that there is such a conflict, Larry Robertson petitioned the superior court for a writ of mandate to set aside an order…