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MERCER v. DEPARTMENT OF MOTOR VEHICLES

Docket No. S017249.

53 Cal.3d 753 (1991)

809 P.2d 404

280 Cal. Rptr. 745

BARRIE GRAY MERCER, Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant.

Supreme Court of California.

May 6, 1991.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp and Daniel E. Lungren, Attorneys General, N. Eugene Hill, Assistant Attorney General, Henry G. Ullerich and Martin H. Milas, Deputy Attorneys General, for Defendant and Appellant.

John W. Witt, City Attorney (San Diego), Stuart H. Swett and Mary T. Nuesca, Deputy City Attorneys, as Amici Curiae on behalf of Defendant and Appellant.

Phillip A. Rafferty and Owen P. Rafferty for Plaintiff and Respondent.

OPINION

LUCAS, C.J.

The superior court issued a writ of mandate directing the Department of Motor Vehicles (DMV) to set aside its order revoking Barrie Gray Mercer's driving privileges after Mercer refused to submit to chemical testing following his arrest for driving under the influence of alcohol. (See Veh. Code, § 23157, subd. (a)(1)1 [driver's implied consent to chemical testing following "lawful...

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