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SMITH v. DEPARTMENT OF MOTOR VEHICLES

Docket 26435.

1 Cal.App.3d 499 (1969)

81 Cal. Rptr. 800

LAWRENCE ARTHUR SMITH, Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant.

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

November 6, 1969.

Attorney(s) appearing for the Case

COUNSEL

Thomas C. Lynch, Attorney General, and Matthew P. Boyle, Deputy Attorney General, for Defendant and Appellant.

Graves & Gifford and Bruce Crawford for Plaintiff and Respondent.

OPINION

BROWN (H.C.), J.

This is an appeal by the Department of Motor Vehicles from a judgment of the superior court granting Arthur Smith's (respondent) petition for writ of mandamus setting aside the department's suspension of his driver's license for refusal to submit to one of the sobriety tests required by Vehicle Code section 13353.1

The facts...

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