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COVINGTON v. DEPARTMENT OF MOTOR VEHICLES

Docket No. 56353.

102 Cal.App.3d 54 (1980)

162 Cal. Rptr. 150

JAMES MILTON COVINGTON, Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant.

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

February 11, 1980.

Attorney(s) appearing for the Case

COUNSEL

George Deukmejian, Attorney General, and Thomas Scheerer, Deputy Attorney General, for Defendant and Appellant.

Atkinson & Gibson and William B. Gibson for Plaintiff and Respondent.

OPINION

HASTINGS, J.

This is an appeal from a judgment which granted a peremptory writ of mandate compelling the Department of Motor Vehicles (DMV) to set aside its decision to suspend James Milton Covington's (respondent) driving privilege for six months pursuant to the implied consent law (Veh. Code, § 13353).

Vehicle Code section 13353, subdivision (b)

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