Legal Opinion

Campbell v. Department of Motor Vehicles

California Court of Appeal

Decided May 11, 1984No. A020490PublishedCited by 7 opinions

1Opinion of the Court

Opinion

ELKINGTON, Acting P. J.

On this appeal the sole issue posed by the parties is whether Vehicle Code section 13352—calling for a mandatory driver’s license suspension by the state’s Motor Vehicle Department, where the driver is for the first time convicted of driving under the influence of intoxicating liquor (Veh. Code, § 23102), and the court either orders license suspension or does not grant probation—is a constitutionally proscribed ex post facto law as to such arrests made prior to the statute’s effective date, February 18, 1982.

Plaintiff Campbell was arrested for such an offense,…

2Cases cited5 opinions

  1. Conservatorship of HofferberCalifornia Supreme Court · 1980
  2. United States v. Walter T. BestCourt of Appeals for the Ninth Circuit · 1978
  3. Beamon v. Department of Motor VehiclesCalifornia Court of Appeal · 1960
  4. Talley v. Municipal CourtCalifornia Court of Appeal · 1978
  5. Goss v. Department of Motor VehiclesCalifornia Court of Appeal · 1968

3Cited by7 opinions

  1. Stroh v. Midway Restaurant Systems, Inc.California Court of Appeal · 1986
  2. Frederick v. CommonwealthCommonwealth Court of Pennsylvania · 2002
  3. Gordon v. Registry of Motor VehiclesMassachusetts Appeals Court · 2009
  4. Kreisher v. Mobil Oil Corp.California Court of Appeal · 1988
  5. Campbell v. Department of Motor VehiclesCalifornia Court of Appeal · 1984

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