Anderson v. ShiomotoAnnotate this Case
In a prior appeal, the Court of Appeal affirmed a judgment denying A.K. Anderson’s petition for writ of mandate challenging the suspension of his driver’s license by the Department of Motor Vehicles (DMV). In that opinion, the Court concluded the record contained substantial evidence that Anderson had been diagnosed by a neurologist with a seizure disorder, and that he had voluntarily discontinued taking anti-seizure medication. After the first decision became final, Anderson submitted to the DMV a report prepared by a family practice physician that purported to demonstrate Anderson suffered from no medical ailments whatsoever, and that he required no medications. A traffic safety officer concluded the report did not demonstrate Anderson no longer suffered from a seizure disorder, and the officer ordered that Anderson’s license remain suspended. Anderson once again unsuccessfully petitioned the superior court for a writ of mandate challenging his original license suspension and the order refusing to lift the suspension. On appeal, Anderson again challenged the original suspension of his driver’s license, arguing the DMV could not refuse to reinstate his driver’s license under Vehicle Code section 12806 (c) because there was no evidence he suffered a seizure or a lapse of consciousness within the last three years. Because the Court of Appeal concluded the record contained substantial evidence that Anderson suffered from “a disorder characterized by lapses of consciousness” as in the plain language of the statute, the Court affirmed the judgment.