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MAXSTED v. DEPARTMENT OF MOTOR VEHICLES

Docket No. 36755.

14 Cal.App.3d 982 (1971)

92 Cal. Rptr. 579

ALBERT MANSFIELD MAXSTED, Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant.

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

February 1, 1971.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger and Thomas C. Lynch, Attorneys General, and David W. Halpin, Deputy Attorney General, for Defendant and Appellant.

Ball, Hunt, Hart, Brown & Baerwitz, and Robert Aitken for Plaintiff and Respondent.

OPINION

THOMPSON, J.

This is an appeal from a judgment granting a peremptory writ of mandate directing appellant to vacate its action suspending respondent's driver's license for failure to submit to a blood, breath, or urine test as required by the implied consent law of the State of California (Veh. Code, § 13353). We reverse the judgment and direct that the trial court deny the...

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