Legal Opinion
Fearn v. Zolin
California Court of Appeal
Decided October 2, 1992No. F016733PublishedCited by 4 opinions
1Opinion of the Court
Opinion
BEST, P. J.
This case presents the issue whether there is a conflict between the administrative per se laws mandating suspension of driving privileges of second offenders (Veh. Code, §§ 13353.2 and 13353.3, subd. (b)(2)) 1 and preexisting second-offender probation statutes providing for a restricted driver’s license (§§ 23165, 23166, subd. (b), 13352, subd. (a)(3), and 13352.5, subd. (a)). Contending there is a conflict, respondent Gary Fearn petitioned the superior court for a writ of mandate to set aside an order of the Department of Motor Vehicles (DMV) suspending his driving…
2Cases cited9 opinions
- United States v. WardSupreme Court of the United States · 1980
- Hough v. McCarthyCalifornia Supreme Court · 1960
- Walsh v. KirbyCalifornia Supreme Court · 1974
- People v. SmithCalifornia Court of Appeal · 1984
- Peretto v. Department of Motor VehiclesCalifornia Court of Appeal · 1991
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Baldwin v. Department of Motor VehiclesCalifornia Court of Appeal · 1995
- Sheppard v. StateCourt of Appeals of Maryland · 1996
- People v. Grayden N.California Court of Appeal · 1997
- Piper v. Dept. Motor VehiclesCalifornia Court of Appeal · 2015