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SNELGROVE v. DEPARTMENT OF MOTOR VEHICLES

Docket No. A035417.

194 Cal.App.3d 1364 (1987)

240 Cal. Rptr. 281

RICHARD SNELGROVE, Plaintiff and Appellant, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Respondent.

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

September 22, 1987.

Attorney(s) appearing for the Case

COUNSEL

Andrew H. Parnes and Nolan & Parnes for Plaintiff and Appellant.

John K. Van de Kamp, Attorney General, N. Eugene Hill, Assistant Attorney General, Mary C. Michel and Victor D. Sonenberg, Deputy Attorneys General, for Defendant and Respondent.

OPINION

SMITH, J.

We hold in this case that the sworn statement executed by an arresting officer in a drunk driving stop can supply sufficient proof, in a formal administrative hearing before the Department of Motor Vehicles (department or DMV), to suspend or revoke the arrestee's license under Vehicle Code section 13353, even though the officer does not personally testify and the arrestee offers contrary proof. (All further section...

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