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PERETTO v. DEPARTMENT OF MOTOR VEHICLES

Docket No. A052735.

235 Cal.App.3d 449 (1991)

1 Cal. Rptr.2d 392

JOHN RICHARD PERETTO, Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant.

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

October 21, 1991.

Attorney(s) appearing for the Case

COUNSEL

Daniel E. Lungren, Attorney General, Jose R. Guerrero and Thomas P. Reilly, Deputy Attorneys General, for Defendant and Appellant.

Cliff Roberson and Barry D. Broad as Amici Curiae on behalf of Defendant and Appellant.

James T. Reilly for Plaintiff and Respondent.

OPINION

STRANKMAN, J.*

Vehicle Code section 13353.2 directs the Department of Motor Vehicles (the DMV) to suspend the driver's privilege of a person who was "driving or was in actual physical control of a motor vehicle when the person had 0.08 percent or more, by weight, of alcohol in his or her blood."1 Section 13558 entitles...

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