LAGOMARSINO v. DEPARTMENT OF MOTOR VEHICLES

Docket No. 32371.

276 Cal.App.2d 517 (1969)

81 Cal. Rptr. 193

MARCELLO LAGOMARSINO, Plaintiff and Appellant, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Respondent.

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

September 29, 1969.


Attorney(s) appearing for the Case

Willard D. Horwich for Plaintiff and Appellant.

Thomas C. Lynch, Attorney General, and Herbert Davis, Deputy Attorney General, for Defendant and Respondent.


FILES, P.J.

On April 12, 1967, appellant was arrested by officers with reasonable cause to believe he was driving an automobile under the influence of alcohol. Immediately upon arrest he was advised of his "Miranda rights."1

After appellant had failed the field sobriety tests he was requested to submit to a chemical test of blood alcohol, and warned that his failure to do so would result in a six months' suspension of his...

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