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McDONNELL v. DEPARTMENT OF MOTOR VEHICLES

Docket No. 34965.

45 Cal.App.3d 653 (1975)

119 Cal. Rptr. 804

JAMES WALTER McDONNELL, Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant.

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

March 3, 1975.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, and Gordon Zane, Deputy Attorney General, for Defendant and Appellant.

Noland, Hamerly, Etienne & Hoss, Brian Finegan and Stephen W. Pearson for Plaintiff and Respondent.

OPINION

GOOD, J.*

This is an appeal by the Department of Motor Vehicles (DMV post) from a judgment that mandated DMV to set aside its decision suspending respondent McDonnell's driving license for six months pursuant to California Vehicle Code section 13353. The section creates an implied consent to a chemical test — blood, breath or urine ...

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