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FREEMAN v. DEPT. MOTOR VEHICLES

Docket No. L.A. 29605.

70 Cal.2d 235 (1969)

449 P.2d 195

74 Cal. Rptr. 259

DONALD JOSEPH FREEMAN, Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant.

Supreme Court of California. In Bank.

January 23, 1969.

Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, and G.A. Strader, Deputy Attorney General, for Defendant and Appellant.

Bradley, Wagy, Bunker, Hislop, Gibbons & Leddy, Albert M. Leddy and George V. Denny for Plaintiff and Respondent.

McCOMB, J.

Defendant Department of Motor Vehicles (hereinafter referred to as "the DMV") appeals from a judgment granting a peremptory writ of mandate commanding it to set aside a decision suspending plaintiff's driver's license.

Deputy Sheriff Fowler, seeing plaintiff in an apparent violation of section 23102, subdivision (a), of the Vehicle Code (misdemeanor drunk driving), "stopped" him. He then summoned the assistance of a member of the highway patrol...

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