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SCOTT v. PIERCE

Docket No. C007061.

221 Cal.App.3d 654 (1990)

271 Cal. Rptr. 9

MICHAEL McKINNLEY SCOTT, Plaintiff and Appellant, v. A.A. PIERCE, as Director, etc., Defendant and Respondent.

Court of Appeals of California, Third District.

May 31, 1990.

Attorney(s) appearing for the Case

COUNSEL

David W. Dratman for Plaintiff and Appellant.

John K. Van de Kamp, Attorney General, N. Eugene Hill, Assistant Attorney General, Cathy Christian and Ramon M. de la Guardia, Deputy Attorneys General, for Defendant and Respondent.

OPINION

PUGLIA, P.J.

The Department of Motor Vehicles (DMV) revoked appellant's driver's license for two years for refusing to submit to an intoxication test. (Veh. Code, § 13353; hereafter section 13353.) In the administrative hearing the DMV relied upon the arresting officer's sworn statement pursuant to section 13353. Although the officer had been subpoenaed by DMV, he did not appear at the hearing. After exhausting his administrative...

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