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Hernandez v. Department of Motor Vehicles10/22/1981
0 [159 Cal. Rptr. 49], arrived at what I believe to be the appropriate analysis: "As we see it, there can be little question but that possession of a driver's license rises to the level of a fundamental right under Bixby in terms of both the economic implications relating thereto and 'the importance of' the possession 'to the individual in the life situation.'
(Bixby v. Pierno, supra, 4 Cal. 3d 130, 144.) This, of course, is most obviously true with respect to those individuals whose occupations depend directly on the ability to drive, such as truckdrivers or delivery persons. But even for those for whom driving is merely a way to get to and from a place such as work or school, the loss of a driver's license for a six-month period can constitute a severe hardship."
The United States Supreme Court reached a similar conclusion in Bell v. Burson (1971) 402 U.S. 535, 539 [29 L.Ed.2d 90, 94, 91 S.Ct. 1586]: "[once] [driver's] licenses are issued . . . their continued possession may become essential in the pursuit of a livelihood. Suspension of issued licenses thus involves state action that adjudicates important interests of the licensees."
I am not prepared to declare that the instant statute fails to meet the strict scrutiny test. I merely conclude that the majority err in not measuring the section by that test. It is, of course, considerably more exacting than the simplistic methods employed in the prevailing opinion.
Judges Footnotes
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