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McKINNEY v. DEPARTMENT OF MOTOR VEHICLES

Docket No. A052875.

5 Cal.App.4th 519 (1992)

7 Cal. Rptr.2d 18

THOMAS KEVIN McKINNEY, Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant.

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

April 10, 1992.

Attorney(s) appearing for the Case

COUNSEL

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

Knutsen & Smithwick and Thomas Knutsen for Plaintiff and Respondent.

OPINION

SMITH, J.

Pursuant to California's new "Administrative Per Se" law (Veh. Code, § 13353.2 et seq.), the Department of Motor Vehicles (DMV) suspended the driver's license of Thomas Kevin McKinney for one year upon a determination that he was arrested for operating a motor vehicle under the influence of alcohol and that he was driving with a blood-alcohol level of .08 percent or more. After an administrative hearing, the...

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