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RICE v. PIERCE

Docket No. A040529.

203 Cal.App.3d 1460 (1988)

250 Cal. Rptr. 832

DOUGLAS SIMS RICE, Plaintiff and Respondent, v. A.A. PIERCE, as Director, etc., Defendant and Appellant.

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

August 26, 1988.

Attorney(s) appearing for the Case

COUNSEL

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

Richard C. Stone and Louis J. Goodman for Plaintiff and Respondent.

OPINION

LOW, P.J.

Douglas Sims Rice was arrested for driving under the influence (Veh. Code, § 23152).1 He refused to submit to a field sobriety test and also refused to submit to chemical testing as required by the implied consent law. (§ 23157.) He claimed that he did not have to participate since he was not driving the car. The Department of Motor Vehicles (the Department)

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