COLE v. DEPARTMENT OF MOTOR VEHICLES

Docket No. 65099.

139 Cal.App.3d 870 (1983)

189 Cal. Rptr. 249

LESTER COLE, Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant.

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

February 14, 1983.


Attorney(s) appearing for the Case

COUNSEL

George Deukmejian, John K. Van de Kamp, Attorneys General, and Martin H. Milas, Deputy Attorney General, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.


OPINION

COMPTON, J.

This is an appeal from a judgment granting a peremptory writ of mandate directing appellant, the Department of Motor Vehicles, to vacate its action suspending respondent Lester Cole's driving privilege for failure to submit to a blood, breath, or urine test as required by Vehicle Code section 13353,1 the implied consent law. We reverse the judgment.

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