What is the test for an administrative suspension of a driver who has been found guilty of a criminal offence?

California, United States of America


The following excerpt is from Vanhouten v. Dep't of Motor Vehicles, E057310, E057341 (Cal. App. 2014):

need for an actual conviction for a criminal offense: "'[T]he express legislative purposes of the administrative suspension procedure are: (1) to provide safety to persons using the highways by quickly suspending the driving privilege of persons who drive with excessive blood-alcohol levels; (2) to guard against erroneous deprivation by providing a prompt administrative review of the suspension; and (3) to place no restriction on the ability of a prosecutor to pursue related criminal actions. [Citations.]' [Citation.]" (Lake v. Reed (1997) 16 Cal.4th 448, 454.)

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