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CARREY v. DEPARTMENT OF MOTOR VEHICLES

Docket No. B016833.

183 Cal.App.3d 1265 (1986)

228 Cal. Rptr. 705

JEAN EDWARD CARREY, Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant.

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

July 31, 1986.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, Attorney General, N. Eugene Hill, Assistant Attorney General, Henry G. Ullerich and Marilyn K. Mayer, Deputy Attorneys General, for Defendant and Appellant.

Robert E. Courtney and A. William Bartz, Jr., for Plaintiff and Respondent.

OPINION

ROTH, P.J.

The Department of Motor Vehicles (DMV) appeals from a superior court judgment granting a peremptory writ of mandate, setting aside the department's six-month suspension of Jean Carrey's driving privilege pursuant to Vehicle Code section 13353. (1a) The principal issue on appeal is whether Carrey's statement that he would not sign the hospital "consent to blood test" form constitutes a refusal to submit...

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