Axness v. Superior Court

Opinion

PERLEY, J.

Petitioner Eric V. Axness (appellant) appeals from an order denying his amended petition for writ of mandate to prevent the California Department of Motor Vehicles (department) from suspending his California driver’s license based on two convictions of driving under the influence (Veh. Code, § 23152)1 within five years. The petition challenges the suspension on the ground that the second conviction, which occurred in Minneso*1493ta, was unconstitutional. We hold that in the circumstances of this case appellant may challenge the constitutionality of the Minnesota conviction by way…