Hough v. McCarthy

The Department of Motor Vehicles suspended petitioner’s driver’s license following his conviction of violating section 23102 of the Vehicle Code, which provides that the driving of a vehicle upon a highway by any person who is under the influence of intoxicating liquor is a misdemeanor.1 Petitioner, contending that the department had no authority to take this action, seeks a writ of mandate compelling Robert McCarthy, as Director of Motor Vehicles, to set aside the order of suspension.

The trial resulting in petitioner’s conviction took place in the Los Angeles Municipal Court on October 21,…