ROSS v. DEPARTMENT OF MOTOR VEHICLES

Docket No. G007669.

219 Cal.App.3d 398 (1990)

268 Cal. Rptr. 102

GARY GENE ROSS, Plaintiff and Appellant, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Respondent.

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

March 30, 1990.


Attorney(s) appearing for the Case

COUNSEL

Alan H. Stokke and Gerard Engelskirchen for Plaintiff and Appellant.

John K. Van de Kamp, Attorney General, N. Eugene Hill, Assistant Attorney General, Henry G. Ullerich and Christopher C. Foley, Deputy Attorneys General, for Defendant and Respondent.


OPINION

SONENSHINE, J.

Gary Gene Ross appeals a judgment denying his petition for a writ of mandate directed to the Department of Motor Vehicles. The sole issue is whether, following Ross's arrest for drunk driving, his request to see a laboratory technician's identification prior to allowing blood to be drawn constitutes a refusal pursuant to Vehicle Code section 13353.1

I

The facts...

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