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FINLEY v. ORR

Docket No. 32109.

262 Cal.App.2d 656 (1968)

69 Cal. Rptr. 137

CHARLES AUSTIN FINLEY, Plaintiff and Appellant, v. VERNE ORR, as Director of the Department of Motor Vehicles, Defendant and Respondent.

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

June 3, 1968.

Attorney(s) appearing for the Case

Day, Atkinson, Adden & Gibson, Atkinson, Adden & Gibson and William B. Gibson for Plaintiff and Appellant.

Thomas C. Lynch, Attorney General, David Gould and Lynn Henry Johnson, Deputy Attorneys General, for Defendant and Respondent.

WOOD, P.J.

Petitioner Finley appeals from a judgment denying his petition for a writ of mandate compelling the respondent Director of the Department of Motor Vehicles to set aside the department's decision suspending petitioner's driving privilege for six months.

Appellant contends that (1) his privilege against self-incrimination was violated, at the department hearing, by receiving evidence of his refusal to submit to a chemical test of his blood, breath...

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