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eBook details

• Title: Escobedo V. California
• Author : Supreme Court Of California
• Release Date : January 13, 1950
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

Petitioner asks that this court by mandate direct respondents, the Department of Motor Vehicles and the Director of Motor Vehicles of this state, to "re-issue, return or reinstate Petitioner's operator's license and/or driving privileges to operate a motor vehicle in this State." In September, 1948, respondents, without according petitioner a hearing, suspended his operator's license under the then provisions of sections 419 through 420.9 of the Vehicle Code (Stats. 1947, ch. 1235). These provisions constituted chapter 3 of division VII of the code, entitled "Security Following Accident"; they became operative July 1, 1948.*fn1 It is petitioner's position that the application of this law to him denied him due process and equal protection (U.S. Const., Amendment XIV, § 1; Cal. Const., art. I, §§ 11, 13) and vested judicial power in "a purely ministerial 'department'" in violation of the state Constitution (art. III, § 1; art. VI, § 1). We have concluded that petitioner's contentions should not be sustained and that upon the showing made the suspension of his license is legally tenable.

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