Docket No. 8887.

267 Cal.App.2d 545 (1968)

73 Cal. Rptr. 366

CHARLES WILLIAM RUST, Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES et al., Defendants and Appellants.

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

November 21, 1968.

Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, Stephen H. Silver and Lynn Henry Johnson, Deputy Attorneys General, for Defendants and Appellants.

Hunt, Liljestrom & Wentworth and James L. McDonald for Plaintiff and Respondent.

BROWN (Gerald), P.J.

The Department of Motor Vehicles, the Division of Driver's Licenses and Verne Orr, Director, appeal from a judgment entered August 8, 1967 granting Charles William Rust's petition for a peremptory writ of mandamus setting aside the department's suspension of Rust's driver's license for his failure to submit to one of the three tests required by Vehicle Code, section 13353.

On March 31, 1967, having probable cause to believe Charles William...

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