ELLIS v. PIERCE

Docket No. A051310.

230 Cal.App.3d 1557 (1991)

282 Cal. Rptr. 93

JOHN NORMAN ELLIS, Plaintiff and Appellant, v. A.A. PIERCE, as Director, etc., Defendant and Respondent.

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

June 6, 1991.


Attorney(s) appearing for the Case

COUNSEL

Ed Kuwatch for Plaintiff and Appellant.

Daniel E. Lungren, Attorney General, N. Eugene Hill, Assistant Attorney General, Jose R. Guerrero and Landra E. Rosenthal, Deputy Attorneys General, for Defendant and Respondent.


OPINION

KING, J.

In this case we hold that the right to be free from double jeopardy is not violated when the Department of Motor Vehicles (DMV) suspends a driver's license for refusal to take a blood-alcohol test, even though the licensee was convicted of driving under the influence and received a 48-hour "refusal enhancement" for the same conduct. John Norman Ellis appeals from a judgment denying his petition for writ of mandamus...

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