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Berlinghieri v. Department of Motor Vehicles2/7/1983
Burson (1971) 402 U.S. 535, 539 [29 L.Ed.2d 90, 94, 91 S.Ct. 1586] [as continued possession of a license may become essential in the pursuit of a livelihood, any adjudication would involve an "important" interest of the licensee].)
For plaintiff, as a route driver, her ability to drive a delivery truck affects her very livelihood and the suspension of her license obviously will affect her directly, immediately, and adversely. Further, as a single working parent, she is faced with the numerous responsibilities of child rearing, many of which necessitate a speedy and reliable means of transportation. The suspension of plaintiff's license, even for only six months, may have profound and obvious effects on her "life situation" and thus, in the Bixby-Strumsky-Interstate Brands sense, constitutes "quasi-judicial" administrative decisions that have an impact on the individual "sufficiently vital . . . to compel full and independent review" by the court. (Interstate Brands, supra, 26 Cal. 3d at p. 779.)
A driver's license is a fundamental right for the purpose of selecting the standard of judicial review of an administrative decision to suspend or revoke such license. In the matter before us, suspension of plaintiff's driver's license may be entirely appropriate, but it should be ordered only after the administrative record receives that "independent judgment review."
In view of our disposition of this case, it is unnecessary to reach plaintiff's additional contentions on appeal. The judgment is reversed and the cause remanded for further proceedings consistent with this opinion.
Disposition
In view of our disposition of this case, it is unnecessary to reach plaintiff's additional contentions on appeal. The judgment is reversed and the cause remanded for further proceedings consistent with this opinion.
General Footnotes
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