Rehman v. Department of Motor Vehicles

Opinion

ROBIE, J.

Plaintiff Atiqur Rehman filed a petition for a writ of mandate seeking an order directing defendant Department of Motor Vehicles (the department) to rescind its suspension of his driver’s license because, with a blood-alcohol content of 0.04 percent or more, he drove a vehicle that requires a commercial driver’s license. (Veh. Code, 1 § 13353.2, subd. (a)(3).) The trial court denied the petition.

On appeal, Rehman contends that while the department can immediately suspend the driver’s license of a person who, with a blood-alcohol content of 0.04 percent or more, drives a…