Deibel v. DMV
Appeal from the judgment granting respondent's petition for writ of mandate and ordering Appellant to modify its administrative decision to reflect a four-month suspension of respondent's driver's license rather than a one-year suspension. The trial court ruled that the one-year suspension was improperly based on the DMV's consideration of respondent's prior conviction for operating a motor vehicle while under the influence. Additionally, the court did not allow the DMV to introduce new evidence in the writ proceeding. Both rulings were wrong and accordingly court reverse the judgment.
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