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McGUE v. SILLAS

Docket No. 41739.

82 Cal.App.3d 799 (1978)

147 Cal. Rptr. 354

THOMAS E. McGUE, Plaintiff and Appellant, v. HERMAN SILLAS, as Director, etc., Defendant and Respondent.

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

July 14, 1978.

Attorney(s) appearing for the Case

COUNSEL

Neil D. Reid and Peter Axelrod for Plaintiff and Appellant.

Evelle J. Younger, Attorney General, and Robert E. Murphy, Deputy Attorney General, for Defendant and Respondent.

OPINION

CALDECOTT, P.J.

Thomas E. McGue appeals from a judgment denying petition for writ of mandamus. If issued, the writ would have directed respondent Director of the Department of Motor Vehicles (hereinafter DMV) to set aside its decision suspending appellant's driver's license for a period of six months pursuant to Vehicle Code section 13353. That section creates an implied consent to a chemical test — blood, breath or...

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