Brierton v. Department of Motor Vehicles

• Decision Date: 13 June 2006
• Docket Number: No. D047088.,D047088.
• Citation: 44 Cal.Rptr.3d 480,140 Cal.App.4th 427
• Parties: John Greenwood BRIERTON, Plaintiff and Appellant, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Respondent.
• Court: California Court of Appeals Court of Appeals

44 Cal.Rptr.3d 480

140 Cal.App.4th 427

John Greenwood BRIERTON, Plaintiff and Appellant, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Respondent.

No. D047088.

Court of Appeal, Fourth District, Division 1.

June 13, 2006.

John Greenwood Brierton, in pro. per., and Alex L. Landon, San Diego, for Plaintiff and Appellant.

Bill Lockyer, Attorney General, Jacob A. Appelsmith, Chief Assistant Attorney General, and Chris A. Knudsen, Deputy Attorney General, for Defendant and Respondent.

AARON, J.

I. INTRODUCTION

Appellant John Greenwood Brierton appeals the denial of his petition for a writ of mandate seeking to prevent the Department of Motor Vehicles (DMV) from enforcing an April 22, 2005 order of suspension against him. Brierton contends that the DMV's suspension of his driver's license under Vehicle Code¹ section 13352, subdivision (a)(3), which requires the DMV to suspend for two years the driving privileges of any person who suffers two alcohol-related driving offense convictions within 10 years, violates the separation of powers doctrine because it imposes a term of suspension different from the suspension the trial court imposed in Brierton's criminal case. According to Brierton, by allowing the DMV to suspend his license for two years,² the Legislature has usurped the sentencing discretion of the trial court. We reject this contention and affirm the trial court's denial of Brierton's petition for a writ of mandate.

II. FACTUAL AND PROCEDURAL BACKGROUND

A. Factual background

1. Brierton's July 2003 arrest

On July 30, 2003, a San Diego State University Police Department officer saw Brierton accelerate his vehicle and lose traction for approximately 20 feet. The officer stopped Brierton and observed that Brierton exhibited a number of symptoms indicating that he was intoxicated, including bloodshot and watery eyes, an unsteady gait, and slurred speech. The officer also detected the odor of alcohol. The officer arrested Brierton for driving while intoxicated. Chemical test results indicated that Brierton had been driving with a blood alcohol content of 0.15 percent.

After an administrative hearing in September 2003, the DMV suspended Brierton's driving privilege under the administrative per se provisions³ of the Vehicle Code for driving with a prohibited blood alcohol content.

2. Brierton's October 2004 arrest

On October 28, 2004, two officers from the San Diego Police Department were walking across 30th Street when they observed Brierton's car approaching. Officer Trevor Riley shined his flashlight in the direction of the car to indicate his presence, but Brierton continued to drive toward the officers without slowing down. The officers had to run between parked cars to avoid being struck by Brierton's car. Officer Riley yelled for Brierton to stop, but Brierton failed to do so. The officer noted the car's license plate number, got into his patrol car, and effected a traffic stop.

Officer Riley noticed that Brierton had a blank stare and that he was slow to respond to instructions. Brierton said he had not seen the officers in the street. Brierton failed to successfully complete a series of field sobriety tests. Officer Riley transported Brierton to San Diego Police Department headquarters where he administered a breath test. The breath test established that Brierton had been driving with a blood alcohol content of 0.15 percent.

The DMV again administratively suspended Brierton's driving privilege under the administrative per se provisions for a period of one year, beginning January 19, 2005, and ending January 18, 2006. Brierton was represented by counsel at the administrative hearing.

3. Brierton's criminal convictions

The state criminally prosecuted Brierton for both the July 2003 and the October 2004 offenses. In March 2005, Brierton pled guilty to a violation of sections 23103, subdivision (a) and 23103.5—alcohol-related reckless driving—for the July 2003 incident. At the same time, Brierton pled guilty to a violation of section 23152, subdivision (b) for driving with a blood alcohol content of 0.08 percent or greater, relating to the October 2004 incident.

As part of Brierton's sentence in the criminal cases, the trial court imposed fines, required Brierton to complete a multiple conviction education/rehabilitation program, and ordered a one-year license suspension for the violation of section 23103 and a 90-day license suspension for the violation of section 23152, subdivision (b). The court indicated that Brierton's suspensions should run concurrently with "any DMV suspension/action."

As part of his guilty plea, Brierton signed a form entitled, "DUI [Driving Under the Influence] Addendum" for each of his two convictions. Paragraph 5 of the form provides:

"The Department of Motor Vehicles (DMV) may consider any of my other convictions for driving under the influence or reckless driving, even those that are not charged in this proceeding, and impose a more severe license restriction, suspension, or revocation as a result of such other conviction(s)."

Paragraph 8 provides:

"The DMV may restrict, suspend, or revoke my license under a procedure which is separate from this criminal action. The DMV's action, if any, will be in addition to the Court's sentence and I must obey it. The DMV may not authorize a restricted license even if the Court might so direct."

In addition to signing the form, Brierton initialed the boxes next to paragraphs 5 and 8, indicating that he had read and understood the contents of both paragraphs.

4. The DMV's administrative suspension of Brierton's driving privilege as a result of his two criminal convictions

In April 2005, the DMV sent a letter to Brierton advising him that it was administratively suspending his driving privileges for two years pursuant to section 13352, subdivision (a)(3).⁴ The letter explained that the DMV was taking this action due to Brierton's convictions of March 3, 2005, in case numbers M903034 and M944571. It also informed Brierton that after one year of the suspension, he could apply for a license that would permit him to operate vehicles equipped with an ignition interlock device.

B. Procedural background

On May 23, 2005, Brierton filed a petition for writ of mandate in the San Diego Superior Court. Brierton challenged the DMV's April 2005 administrative suspension order. He argued that the suspension order was inconsistent with the criminal court's sentencing order and was thus unconstitutional. The DMV responded, contending that an administrative suspension independent of a criminal proceeding is constitutional. The trial court denied Brierton's petition for a writ of mandate on August 15, 2005.

On September 8, 2005, Brierton timely appealed the denial of his petition.

III. DISCUSSION

Brierton asserts that his suspension under former section 13352, subdivision (a)(3), is unconstitutional because the DMV has imposed a more stringent license suspension than that imposed by the trial court. Brierton contends that by granting the DMV the power to suspend his driving privilege based solely on the fact that he incurred two alcohol-related driving convictions, the Legislature has usurped the power of the trial court to impose its sentence. He claims that "[t]o the extent these statutes countermand the sentencing orders of the judicial officer in Mr. Brierton's case, they are unconstitutional infringements on the judicial power, under the Separation of Powers doctrine."

Brierton raises questions of law, which we review de novo. (Alford v. Department of Motor Vehicles (2000) 79 Cal.App.4th 560, 564, 94 Cal.Rptr.2d 222.)

A. Separation of powers

The California Constitution establishes a system of state government in which governmental power is divided among three coequal branches: the legislative branch (Cal. Const., art. IV, § 1), the executive branch (Cal. Const., art. V, § 1), and the judicial branch (Cal. Const., art. VI, § 1). The Constitution provides that those charged with the exercise of one power may not exercise any other. (Cal. Const., art. III, § 3.)

"The separation of powers doctrine limits the authority of one of the three branches of government to arrogate to itself the core functions of another branch. [Citations.]" (Carmel Valley Fire Protection Dist. v. State of California (2001) 25 Cal.4th 287, 297, 105 Cal.Rptr.2d 636, 20 P.3d 533.) However, "[t]he doctrine ... recognizes that the three branches of government are interdependent, and it permits actions of one branch that may `significantly affect those of another branch.' [Citation.]" (Id. at p. 298, 105 Cal.Rptr.2d 636, 20 P.3d 533.) Thus, "the separation of powers doctrine is violated only when the actions of a branch of government defeat or materially impair the inherent functions of another branch." (In re Rosenkrantz (2002) 29 Cal.4th 616, 662, 128 Cal.Rptr.2d 104, 59 P.3d 174.)

B. Analysis

Brierton does not dispute that he has suffered two convictions for driving under the influence of alcohol, and thus, that he falls squarely within the scope of former section 13352, subdivision (a)(3). He also does not dispute that section 13352, subdivision (a)(3), requires the DMV to impose a two-year license suspension in situations such as his. He contends, however, that the DMV's imposition of the mandatory suspension is an unconstitutional violation of the separation of powers doctrine because it usurps the trial court's power to sentence him to a one-year license suspension for his criminal convictions. He maintains that the power to sentence a criminal defendant rests solely with the judicial branch, and that the DMV's conflicting suspension based solely on his criminal convictions has "thwart[ed]" the trial court's penal sanction. We disagree with Brierton's contentions.⁵

What Brierton fails to acknowledge is that the DMV's suspension of his driving privilege under section 13352, subdivision (a)(3), is substantively distinct from any punishment a court...