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WHEELER v. DEPARTMENT OF MOTOR VEHICLES

Docket No. G012841.

34 Cal.App.4th 228 (1994)

28 Cal. Rptr.2d 597

MAUREEN JEAN WHEELER, Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant.

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

March 24, 1994.

Attorney(s) appearing for the Case

COUNSEL

Daniel E. Lungren, Attorney General, Robert L. Mukai, Chief Assistant Attorney General, Henry G. Ullerich, Interim Assistant Attorney General, Martin H. Milas, Angela Sierra and Anne Hunter, Deputy Attorneys General, for Defendant and Appellant.

Goldfein, Schwartzberg & Stark and Richard Schwartzberg for Plaintiff and Respondent.

OPINION

SILLS, P.J.

The Department of Motor Vehicles (the DMV) has a state-approved form (DS 367A) for reporting chemical test results to the DMV when a police officer administratively suspends a licensee's driving privilege pursuant to Vehicle Code section 13353.2 (driving with a blood-alcohol concentration of 0.08 percent or more).1 The form requires the test results to be sworn. For reasons which are...

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