McGRAW v. DEPARTMENT OF MOTOR VEHICLES

Docket No. F004029.

165 Cal.App.3d 490 (1985)

211 Cal. Rptr. 620

DAVID ARTHUR McGRAW, Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant.

Court of Appeals of California, Fifth District.

March 8, 1985.


Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, Attorney General, N. Eugene Hill, Assistant Attorney General, and Faith J. Geoghegan, Deputy Attorney General, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.


OPINION

BROWN (G.A.), P.J.

The Department of Motor Vehicles (Department) appeals from an order of the superior court reversing the Department's order directing the suspension of the driver's license of David Arthur McGraw (McGraw or respondent) pursuant to Vehicle Code section 13353, subdivision (b), due to his failure to submit to a chemical test for alcohol. The reason given by the trial court for its decision was the failure of...

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