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SMITH v. DEPARTMENT OF MOTOR VEHICLES

Docket No. A029725.

179 Cal.App.3d 368 (1986)

224 Cal. Rptr. 543

TIM G. SMITH, Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant.

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

March 28, 1986.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, Attorney General, N. Eugene Hill, Assistant Attorney General, Harold W. Teasdale and Edward P. Hill, Deputy Attorneys General, for Defendant and Appellant.

Jack L. Ferguson for Plaintiff and Respondent.

OPINION

SABRAW, J.

The issue decided in this case is that a police officer has not exceeded his authority under the implied consent law by determining with respect to a driver arrested for driving under the influence of alcohol that it was feasible to administer only one of the three chemical tests — the blood test — because of the driver's injuries and apparent need for medical attention.

The Department of Motor...

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