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Name: People v. Valverde
Case #: G045332
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 07/06/2012

Where defendant suffered one conviction for driving under the influence (DUI) she is not entitled to issuance of a restricted license under a statute which only applies to those convicted of DUI on more than one occasion. Defendant pled guilty to driving under the influence and the DMV suspended her license for six months, concurrent to a one-year administrative suspension. She then asked the DMV to issue her a restricted license under Vehicle Code section 13352, subdivision (a)(3) after she met the requirements listed in the statute. The DMV denied the request because that subdivision applies to drivers who have suffered more than one DUI conviction and appellant had only one DUI conviction. The trial court ordered the DMV to issue the restricted license. Reversed. Based on its language, section 13352, subdivision (a)(3) does not apply to a person who has suffered only one conviction for DUI. The legislative history does not reflect why first offenders are treated differently. The court noted that another statute, section 13352.4, provides for issuance of a restricted license for an offender, like appellant, whose license was suspended under section 13352. However, appellant did not seek a restricted license under section 13352.4 and her request to apply that section to her case on appeal was denied as forfeited.