LaChance v. Valverde

207 Cal. App. 4th 779, 143 Cal. Rptr. 3d 703, 2012 WL 2631925, 2012 Cal. App. LEXIS 788
CourtCalifornia Court of Appeal
DecidedJune 18, 2012
DocketNo. G045332
StatusPublished
Cited by8 cases

This text of 207 Cal. App. 4th 779 (LaChance v. Valverde) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
LaChance v. Valverde, 207 Cal. App. 4th 779, 143 Cal. Rptr. 3d 703, 2012 WL 2631925, 2012 Cal. App. LEXIS 788 (Cal. Ct. App. 2012).

Opinion

Opinion

FYBEL, J.

Introduction

Misty Lynn LaChance pled guilty to driving under the influence of alcohol (DUI), and the Department of Motor Vehicles (the DMV) suspended her driver’s license for six months, pursuant to Vehicle Code section 13352, subdivision (a)(1). (All further statutory references are to the Vehicle Code, [782]*782unless otherwise specified.) This suspension was imposed concurrently with a one-year administrative per se (APS) suspension imposed by the DMV in connection with the same DUI incident.

LaChance requested that the DMV issue her a restricted driver’s license during the term of her suspension, pursuant to section 13352, subdivision (a)(3). The DMV denied the request because subdivision (a)(3) of section 13352 only applies to drivers who have been convicted of DUI on more than one occasion; although LaChance had been arrested for DUI once previously, she had never before been convicted of DUI.

The trial court granted LaChance’s petition for a peremptory writ of mandamus, ordering the DMV to issue LaChance a restricted driver’s license pursuant to section 13352, subdivision (a)(3). We reverse the judgment, because the unambiguous language of section 13352, subdivision (a)(3) does not give LaChance the right to obtain a restricted driver’s license under that statute.

Statement of Facts and Procedural History

LaChance was arrested for DUI on December 6, 2007. After an administrative hearing, the DMV suspended LaChance’s driver’s license, effective February 1, 2008. Her license was reinstated on August 1, 2008. LaChance was not convicted in criminal court as a result of that arrest.

On July 30, 2010, LaChance was again arrested for DUI. (§ 23152, subds. (a), (b).) The DMV imposed a one-year APS suspension of LaChance’s driver’s license. The APS suspension was effective November 17, 2010. On November 10, 2010, LaChance pled guilty to DUI (§ 23152, subd. (b)); was placed on three years’ informal probation; and was ordered to serve two days in jail, complete a 90-day first offender alcohol treatment program, perform community service, and pay a number of court-imposed fees. Because of her criminal conviction, the DMV imposed a six-month suspension of LaChance’s driver’s license (§ 13352, subd. (a)(1)) to run concurrently with the APS suspension.

On March 1, 2011, LaChance installed an ignition interlock device (IID) on her vehicle. A day later, she obtained proof of financial responsibility, and enrolled in an 18-month second offender alcohol treatment program, rather than the three-month first offender program ordered by the criminal court. LaChance then applied for an IID restricted driver’s license, pursuant to section 13352, subdivision (a)(3); the DMV denied her request.

[783]*783LaChance filed a petition for a peremptory writ of mandamus with the Orange County Superior Court. After briefing and a hearing, the trial court granted the petition, compelling the DMV to issue an BD restricted driver’s license to LaChance. Judgment was entered, and George Valverde, as Director of the DMV, timely appealed.

Discussion

I.

Mootness

LaChance argues the appeal is moot because the period of her driver’s license suspension has expired. “A case is moot when the reviewing court cannot provide the parties with practical, effectual relief. [Citation.] In such cases, the appeal generally should be dismissed. [Citation.] But even if a case is technically moot, the court has inherent power to decide it where the issues presented are important and of continuing interest. [Citation.]” (City of San Jose v. International Assn. of Firefighters, Local 230 (2009) 178 Cal.App.4th 408, 417-418 [100 Cal.Rptr.3d 396].)

The Attorney General filed a request for judicial notice, attaching two e-mails she contends establish LaChance’s driver’s license suspension has been stayed for part of the appeal period, meaning the issues on appeal are still alive. We reject the Attorney General’s contention that e-mails exchanged between a deputy attorney general and counsel for a party to an appeal are “[o]fficial acts of the legislative, executive, and judicial departments of the United States and of any state of the United States,” of which judicial notice may be taken. (Evid. Code, § 452, subd. (c).) We therefore deny the Attorney General’s initial request to take judicial notice.

The Attorney General also filed a supplemental request for judicial notice, attaching a certified copy of LaChance’s official driver’s record. This document does appear to be covered by Evidence Code section 452, subdivision (c). At oral argument, LaChance’s counsel stated that he did not object to the Attorney General’s supplemental request. We grant the supplemental request for judicial notice.

We need not determine whether the appeal is actually moot. Assuming for purposes of this discussion that it is, we conclude the issues the case presents are important and of continuing interest. Additionally, because the length of driver’s license suspensions imposed by statute is relatively short, there is a risk that the issue presented by the appeal will evade review. We therefore proceed to the merits of the appeal.

[784]*784II.

Standard of Review and Rules of Statutory Construction

This case involves the interpretation of a statute, and our review is therefore de novo. (Burden v. Snowden (1992) 2 Cal.4th 556, 562 [7 Cal.Rptr.2d 531, 828 P.2d 672].) The DMV’s “interpretation of the meaning and legal effect of a statute is entitled to consideration and respect by the courts; however, unlike quasi-legislative regulations adopted by an agency to which the Legislature has confided the power to ‘make law,’ and which, if authorized by the enabling legislation, bind this and other courts as firmly as statutes themselves, the binding power of an agency’s interpretation of a statute or regulation is contextual: Its power to persuade is both circumstantial and dependent on the presence or absence of factors that support the merit of the interpretation.” (Yamaha Corp. of America v. State Bd. of Equalization (1998) 19 Cal.4th 1, 7 [78 Cal.Rptr.2d 1, 960 P.2d 1031].)

In Martinez v. Combs (2010) 49 Cal.4th 35, 51 [109 Cal.Rptr.3d 514, 231 P.3d 259], the California Supreme Court stated: “ ‘[O]ur fundamental task in construing a statute is to ascertain the intent of the lawmakers so as to effectuate the purpose of the statute.’ [Citation.] In this search for what the Legislature meant, ‘[t]he statutory language itself is the most reliable indicator, so we start with the statute’s words, assigning them their usual and ordinary meanings, and construing them in context. If the words themselves are not ambiguous, we presume the Legislature meant what it said, and the statute’s plain meaning governs. On the other hand, if the language allows more than one reasonable construction, we may look to such aids as the legislative history of the measure and maxims of statutory construction. In cases of uncertain meaning, we may also consider the consequences of a particular interpretation, including its impact on public policy.’ ”

III.

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Cite This Page — Counsel Stack

Bluebook (online)
207 Cal. App. 4th 779, 143 Cal. Rptr. 3d 703, 2012 WL 2631925, 2012 Cal. App. LEXIS 788, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lachance-v-valverde-calctapp-2012.