Brierton v. Department of Motor Vehicles

Opinion

AARON, J.

I

INTRODUCTION

Appellant John Greenwood Brierton appeals the denial of his petition for a writ of mandate seeking to prevent the Department of Motor Vehicles (DMV) from enforcing an April 22, 2005 order of suspension against him. Brierton contends that the DMV’s suspension of his driver’s license under Vehicle Code 1 section 13352, subdivision (a)(3), which requires the DMV to suspend for two years the driving privileges of any person who suffers two alcohol-related (hiving offense convictions within 10 years, violates the separation of powers doctrine because it imposes a term…