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BEHAN v. ALEXIS

Docket No. 22801.

116 Cal.App.3d 403 (1981)

JEFFREY PHILLIP BEHAN, Plaintiff and Respondent, v. DORIS ALEXIS, as Director, etc., Defendant and Appellant.

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

February 27, 1981.

Attorney(s) appearing for the Case

COUNSEL

George Deukmejian, Attorney General, and Janelle B. Davis, Deputy Attorney General, for Defendant and Appellant.

Henderson & Henderson and Stephen K. Henderson for Plaintiff and Respondent.

OPINION

WIENER, J.

This case involves what we will describe as the "disappearing" lawful arrest in the context of a driver's license suspension by the Department of Motor Vehicles (DMV). We decide, "Once a lawful arrest, always a lawful arrest" under Vehicle Code section 13353, regardless of the disappearance of the word "arrest" pursuant to the application of Penal Code sections 849.5 and 851.6. We reverse the judgment setting aside...

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