Lipari v. Department of Motor Vehicles

Opinion

CHIN, J.

William Lipari appeals from a judgment dismissing his petition for writ of mandate, in which he sought an order setting aside the suspension of his driver’s license by respondent Department of Motor Vehicles (DMV). He contends that the trial court erred in finding that, under Vehicle Code section 13559, 1 it lacked jurisdiction to hear his petition. We agree. Therefore, we reverse.

Factual and Procedural Background

On November 10, 1991, Officer Stangland of the Sausalito Police Department took Lipari into custody following his arrest for suspicion of driving under the influence…