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LEE v. DEPARTMENT OF MOTOR VEHICLES

Docket No. 54183.

142 Cal.App.3d 275 (1983)

191 Cal. Rptr. 23

CHARLES EDWIN LEE, Plaintiff and Appellant, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Respondent.

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

March 16, 1983.

Attorney(s) appearing for the Case

COUNSEL

Alfred C. Cavagnaro for Plaintiff and Appellant.

George Deukmejian, Attorney General, and Marian M. Johnston, Deputy Attorney General, for Defendant and Respondent.

OPINION

SMITH, J.

Petitioner and appellant Charles Edwin Lee appeals from a denial of a petition for writ of mandamus or prohibition challenging a decision by respondent Department of Motor Vehicles (DMV) to suspend appellant's driver's license.

On the night of March 18, 1981, appellant was arrested for driving under the influence of alcohol. There is no dispute that the arresting officer, Sergeant Canning of the San Bruno...

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