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FITZPATRICK v. DEPARTMENT OF MOTOR VEHICLES

Docket No. B065489.

13 Cal.App.4th 1771 (1993)

17 Cal. Rptr.2d 110

MARK KEVIN FITZPATRICK, Plaintiff and Appellant, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Respondent.

Court of Appeals of California, Second District, Division Seven.

March 9, 1993.

Attorney(s) appearing for the Case

COUNSEL

Philip A. Rafferty for Plaintiff and Appellant.

Daniel E. Lungren, Attorney General, and Henry G. Ullerich, Acting Assistant Attorney General, for Defendant Respondent.

OPINION

JOHNSON, J.

Mark Fitzpatrick appeals from the denial of his petition to set aside an order by the Department of Motor Vehicles (DMV) suspending his driving privilege for one year for failure to submit to or complete a chemical test of his breath, urine or blood to determine his blood-alcohol level. (Veh. Code, §§ 23157, 13353.) We find Fitzgerald was improperly denied...

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