Section 13559 Of Article 4. Procedure From California Vehicle Code >> Division 6. >> Chapter 2. >> Article 4.
13559
. (a) Notwithstanding Section 14400 or 14401, within 30 days
of the issuance of the notice of determination of the department
sustaining an order of suspension or revocation of the person's
privilege to operate a motor vehicle after the hearing pursuant to
Section 13558, the person may file a petition for review of the order
in the court of competent jurisdiction in the person's county of
residence. The filing of a petition for judicial review shall not
stay the order of suspension or revocation. The review shall be on
the record of the hearing and the court shall not consider other
evidence. If the court finds that the department exceeded its
constitutional or statutory authority, made an erroneous
interpretation of the law, acted in an arbitrary and capricious
manner, or made a determination which is not supported by the
evidence in the record, the court may order the department to rescind
the order of suspension or revocation and return, or reissue a new
license to, the person.
(b) A finding by the court after a review pursuant to this section
shall have no collateral estoppel effect on a subsequent criminal
prosecution and does not preclude litigation of those same facts in
the criminal proceeding.