Murphy v. Pierce

Opinion

BAMATTRE-MANOUKIAN, J.

Patrick Duane Murphy (driver) claims it is unconstitutionally unfair that he faces a four-month suspension of his driver’s license by the Department of Motor Vehicles (DMV) for his first drunk driving offense when he would face only a one-month suspension followed by a five-month restriction if he had a commercial driver’s license. The superior court agreed, finding this legislative distinction a denial of equal protection because it lacks a rational basis. The court ordered A. A. Pierce, as Director of the DMV, to either reinstate driver’s driving privilege or…