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GIOMI v. DEPARTMENT OF MOTOR VEHICLES

Docket No. 28179.

15 Cal.App.3d 905 (1971)

93 Cal. Rptr. 613

ERNEST JOHN GIOMI, Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant.

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

March 9, 1971.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, and Eugene Kaster, Deputy Attorney General, for Defendant and Appellant.

Jack Coffey and Robert Y. Bell for Plaintiff and Respondent.

OPINION

DRAPER, P.J.

The department ordered suspension of Giomi's driver's license because of his refusal to take one of the three tests required by law (Veh. Code, § 13353) when he was arrested for drunk driving. After hearing, the superior court issued peremptory writ of mandate requiring the department to vacate its order. The department appeals.

(1a) The arresting officer advised respondent only that...

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