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JACKSON v. PIERCE

Docket No. F012771.

224 Cal.App.3d 964 (1990)

274 Cal. Rptr. 212

CANDY GAYLEN JACKSON, Plaintiff and Appellant, v. A.A. PIERCE, as Director, etc., Defendant and Respondent.

Court of Appeals of California, Fifth District.

October 22, 1990.

Attorney(s) appearing for the Case

COUNSEL

Chain, Younger, Lemmucchi, Cohn & Stiles and John A. Tello for Plaintiff and Appellant.

John K. Van de Kamp, Attorney General, N. Eugene Hill, Assistant Attorney General, Henry G. Ullerich and Martin H. Milas, Deputy Attorneys General, for Defendant and Respondent.

OPINION

DIBIASO, J.

(1a) This court's opinion in Medina v. Department of Motor Vehicles (1987) 188 Cal.App.3d 744, 747 [233 Cal.Rptr. 557], requires the Department (DMV) to prove, and the administrative hearing officer to expressly find, that a person was actually driving a vehicle in order to justify the DMV's suspension...

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