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WEBB v. MILLER

Docket No. B005052.

187 Cal.App.3d 619 (1986)

232 Cal. Rptr. 50

HAL JENKINS WEBB, Plaintiff and Respondent, v. JACK MILLER, as Interim Director, etc., Defendant and Appellant.

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

December 1, 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 John J. Crimmins, Deputy Attorneys General, for Defendant and Appellant.

Miller, Boyko & Bell and Edgar Paul Boyko for Plaintiff and Respondent.

OPINION

KLEIN, P.J.

Defendant and appellant Jack Miller, as Interim Director of the Department of Motor Vehicles (DMV) appeals a judgment granting Hal Jenkins Webb's (Webb) petition for writ of mandate setting aside the suspension of Webb's driver's license.

Because Webb had no right to impose any conditions on his chemical testing, his conditional consent is tantamount to a refusal. The judgment is therefore reversed.

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