Campbell v. Superior Court

Petitioner, the Superintendent of the Motor Vehicle Division of the Highway Department, brought this special action against the Superior Court and one Carlos M. Mendoza, the real party in interest, to set aside the order of the Superior Court reinstating the drivers license of the respondent Mendoza. The facts of this case are not in dispute. The respondent Mendoza has been, within a twenty-four-month period, twice convicted of driving while under the influence of intoxicating liquor. Both convictions occurred in the Magistrate Court of the Town of Buckeye. After the second conviction the Magistrate imposed sentence on the respondent, but, contrary to the requirements of A.R.S. § 28-692.01(B), he did not require the respondent Mendoza to surrender his drivers license. In due course the Magistrate forwarded the record of conviction to the Motor Vehicle Division, and, upon receipt of the record of conviction, the petitioner Superintendent revoked the drivers license of the respondent Mendoza pursuant to A.R.S. § 28-445(7) and notified respondent of the revocation. The Superintendents written order of revocation was dated October 30, 1973 and notified Mendoza that his drivers license was being revoked due to the fact that he had twice been convicted of driving while under the influence of intoxicating liquor within a twenty-four-month period. The respondent filed an action in the Superior Court to set aside the order of the Superintendent, urging among other grounds that the respondent Mendoza was entitled to a hearing before the Department, through the Superintendent, could revoke his license to drive.