Duncanie Ray Hicks, Jr. v. Director of the California Dept. of Motor Vehicle;

BS171243

Tentative decision on petition for administrative mandate: denied

Petitioner Duncanie Ray Hicks, Jr. (“Hicks”) requests a writ of administrative mandate commanding Respondent Director of the Department of Motor Vehicles (“DMV”) to set aside its suspension of his driving privilege.

The court has read and considered the moving papers and opposition (no reply was filed), and renders the following tentative decision.

A. Statement of the Case

Petitioner Hicks commenced this action by verified petition on November 8, 2017, which alleges in pertinent part:

Hicks is a resident of Orange County, CA. Pet. at 1. The events took place in Los Angeles County and his criminal matter was heard by the Bellflower courthouse of the Los Angeles Superior Court. Id. at 1-2. At all relevant times, Hicks held a valid California driver’s license.

On April 2, 2017, Hicks’s vehicle was lawfully parked at a gas-station