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EILINGER v. DEPARTMENT OF MOTOR VEHICLES

Docket No. 30065.

143 Cal.App.3d 748 (1983)

192 Cal. Rptr. 187

LUCINDA JANE EILINGER, Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant.

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

June 8, 1983.

Attorney(s) appearing for the Case

COUNSEL

George Deukmejian, Attorney General, and Melvin R. Segal, Deputy Attorney General, for Defendant and Appellant.

Stuart M. Parker and Ellen Winterbottom for Plaintiff and Respondent.

OPINION

SONENSHINE, J.

Department of Motor Vehicles (DMV) appeals from a judgment granting a peremptory writ of mandate reversing the suspension of respondent's (Eilinger) driving privilege for failing to submit to a blood, breath, or urine test.

The administrative referee found (1) the officer had probable cause to stop Eilinger for driving under the influence of liquor; (2) she was lawfully arrested; (3) she had been informed...

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