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PAYNE v. DEPARTMENT OF MOTOR VEHICLES

Docket No. A052577.

235 Cal.App.3d 1514 (1991)

1 Cal. Rptr.2d 528

MARK ANTHONY PAYNE, Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant.

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

November 15, 1991.

Attorney(s) appearing for the Case

COUNSEL

Daniel E. Lungren, Attorney General, N. Eugene Hill, Assistant Attorney General, Jose R. Guerrero and Kim M. Settles, Deputy Attorneys General, for Defendant and Appellant.

Monte L. Hansen for Plaintiff and Respondent.

OPINION

BENSON, J.

The California Department of Motor Vehicles (DMV), appeals from judgment granting a writ of mandate. The trial court directed DMV to set aside its order suspending respondent Mark Anthony Payne's (Payne) driving privilege for failure to submit to a blood, breath, or urine test as required by Vehicle Code section 13353,1 the implied consent law. DMV contends Payne's conduct constituted...

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