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WEGNER v. DEPARTMENT OF MOTOR VEHICLES

Docket No. 25504.

271 Cal.App.2d 838 (1969)

76 Cal. Rptr. 920

GORDON VIRGIL WEGNER, Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant.

Court of Appeals of California, First District, Division Four.

April 16, 1969.

Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, and Wiley W. Manuel, Deputy Attorney General, for Defendant and Appellant.

Twohy, Wegner & Likens, Wegner & Likens and John M. Compton for Plaintiff and Defendant.

DEVINE, P.J.

The Department of Motor Vehicles appeals from a judgment granting a writ of mandate which commands the department to set aside its order suspending respondent's driving license for six months.

Respondent does not dispute the fact that the officers had reasonable cause to believe that he had been driving a motor vehicle on a highway while he was under the influence of intoxicating liquor. He refused to take the required tests unless an attorney...

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