Docket No. S030724.

6 Cal.4th 841 (1993)

863 P.2d 745

25 Cal. Rptr.2d 500

NICHOLAS GIKAS, Plaintiff and Appellant, v. FRANK S. ZOLIN, as Director, etc., Defendant and Respondent.

Supreme Court of California.

December 23, 1993.

Attorney(s) appearing for the Case


Michael D. McGlinn for Plaintiff and Appellant.

Paul H. Neuharth, Jr., and Ed Kuwatch as Amici Curiae on behalf of Plaintiff and Appellant.

Daniel E. Lungren, Attorney General, Henry G. Ullerich, Assistant Attorney General, Melvin R. Segal, Martin H. Milas and Mary Horst, Deputy Attorneys General, for Defendant and Respondent.



Alarmed by the death and destruction that drunk drivers cruelly perpetrate upon our highways, the Legislature has empowered the Department of Motor Vehicles (DMV) to promptly suspend the drivers' licenses of those who drive while intoxicated. We are asked to decide whether a determination in a criminal prosecution that a defendant had been illegally arrested for driving...

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