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BURKHART v. DEPARTMENT OF MOTOR VEHICLES

Docket No. 5968.

124 Cal.App.3d 99 (1981)

177 Cal. Rptr. 175

JOHN EARL BURKHART, Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant.

Court of Appeals of California, Fifth District.

September 30, 1981.

Attorney(s) appearing for the Case

COUNSEL

George Deukmejian, Attorney General, Richard D. Martland, Assistant Attorney General, and Jeffrey J. Fuller, Deputy Attorney General, for Defendant and Appellant.

Jerry Sanders for Plaintiff and Respondent.

OPINION

ANDREEN, J.

The Department of Motor Vehicles (DMV or Department) appeals from a judgment granting a peremptory writ of mandate which ordered it to reissue the suspended driver's license of respondent John Earl Burkhart (Burkhart).

FACTS

Burkhart was arrested for driving under the influence of alcohol (Veh. Code, § 23102, subd. (a)1) on June 8, 1979.

On the same date...

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