Berlinghieri v. Department of Motor Vehicles

In Berlinghieri v. Department of Motor Vehicles (1983) 33 Cal.3d 392, the California Supreme Court held that in reviewing the administrative suspension or revocation of a driver's license, a trial court "must exercise its independent judgment upon the evidence" in determining whether the findings are supported by the weight of the evidence. (Id. at p. 395; Code Civ. Proc., 1094.5, subd. (c).) The notice of ruling reveals the court applied that standard here. The notice states: "After a reading of the record in light of Berlinghieri v. Department of Motor Vehicles (1983) 33 Cal.3d 392, the court has viewed the evidence independently and, having done so, concludes the revocation of plaintiff's license . . . was appropriate." The court specifically found Mikhail has "rather profound deficits in driving skill and judgment as shown by the two failed driving tests and the still-unexplained accident at home." The court determined this evidence "supports the conclusion of the Department and of the court."