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JAMES v. DEPT. OF MOTOR VEHICLES

Docket No. 9115.

267 Cal.App.2d 750 (1968)

73 Cal. Rptr. 452

WELDON JAMES, Plaintiff and Respondent v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

November 27, 1968.

Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, Warren H. Deering and Richard Tanzer, Deputy Attorneys General, for Defendant and Appellant.

James S. Duberg for Plaintiff and Respondent.

WHELAN, J.

The Department of Motor Vehicles (Department) appeals from a judgment ordering the issuance of a peremptory writ of mandate that Department set aside its order revoking respondent's driving privilege.

Respondent's license was suspended following a formal administrative hearing in which it was found by Department that the respondent had refused to take any of three chemical tests provided by section 13353, Vehicle Code, under the conditions specified...

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