Legal Opinion
Hamilton v. Gourley
California Court of Appeal
Decided October 31, 2002No. C038751PublishedCited by 5 opinions
1Opinion of the Court
Opinion
CALLAHAN, J.
Plaintiff Robert Martin Hamilton (Hamilton) appeals from the denial of his petition for writ of mandate, by which he sought to set aside a one-year suspension of his commercial driving license privilege imposed by the Department of Motor Vehicles (DMV) upon his conviction of driving a vehicle with a blood-alcohol content of .08 percent or more. (Veh. Code, § 23152, subd. (b), all further unspecified statutory references are to this code.)
We find the DMV exceeded its jurisdiction in taking away Hamilton’s commercial license for one year, because the statute under which it…
2Cases cited17 opinions
- Burg v. Municipal CourtCalifornia Supreme Court · 1983
- Gikas v. ZolinCalifornia Supreme Court · 1993
- Pollack v. Department of Motor VehiclesCalifornia Supreme Court · 1985
- US Ecology, Inc. v. State of CaliforniaCalifornia Court of Appeal · 2001
- People v. BransfordCalifornia Supreme Court · 1994
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3Cited by5 opinions
- United States v. Eric James Thornton, Jr., AKA Seal BCourt of Appeals for the Ninth Circuit · 2006
- People v. Jennifer S.California Court of Appeal · 2009
- Fipke v. Cal. Horse Racing Bd.California Court of Appeal · 2020
- People v. GrabhamCalifornia Court of Appeal · 2021
- United States v. ThorntonCourt of Appeals for the Ninth Circuit · 2006