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Alderette v. Department of Motor Vehicles8/18/1982
q.) which at that time provided for the suspension of an uninsured motorist's license who was involved in an automobile accident and failed to deposit a security with the DMV sufficient, in the DMV's opinion, to satisfy any final judgment that might be rendered against him. The California Supreme Court considered the question whether the uninsured motorist was entitled to a hearing on the issue of his potential culpability prior to the suspension of his license and held that due process required such a hearing. (Rios v. Cozens, supra, at p. 794.) As a condition of suspension under the Rios statute was a determination, made by the DMV, that there was a reasonable possibility that a judgment might be recovered against the driver, based upon his potential culpability. (Ibid.)
Section 12520.5, however, contains no similar condition, but merely states that any conviction of a violation of driving under the influence
will result in mandatory revocation of a farm labor bus driver's certificate. There is no need to determine culpability; this has already been done by the municipal court in the underlying criminal prosecution.
Selby v. Department of Motor Vehicles, supra, 110 Cal. App. 3d 470 similarly fails to support appellants' argument. In Selby, the DMV summarily turned down an application for a school bus driver's certificate without a hearing because the applicant was convicted of possessing methylamine within seven years preceding her application. (Selby v. Department of Motor Vehicles, supra, at p. 472.) The Court of Appeal held that Selby was entitled to a hearing to determine whether her conviction made her unfit to drive a school bus. (Id. at p. 475.) The court's decision was largely premised upon the fact that the charges were subsequently dismissed under Penal Code section 1203.4, and she was therefore entitled to release from all penalties and disabilities resulting from the offense of which she was convicted pursuant to subdivision (a) of that section. (Id., at p. 473.) The DMV, by imposing an automatic denial of a school bus driver's certificate, ignored the mandate of section 1203.4. (Id., at p. 475.) Here, however, appellant's have not been granted relief pursuant to that section, and they can point to no statute which relieves them of the disability imposed by section 12520.5.
In conclusion, we find that section 12520.5 neither violates appellants' right to equal protection nor their right to procedural due process.
The judgment is affirmed.
Disposition
The judgment is affirmed.
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