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MONAGHAN v. DEPARTMENT OF MOTOR VEHICLES

Docket No. A066184.

35 Cal.App.4th 1621 (1995)

42 Cal. Rptr.2d 167

EDWARD DONALD MONAGHAN, JR., Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant.

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

June 23, 1995.

Attorney(s) appearing for the Case

COUNSEL

Daniel E. Lungren, Attorney General, Henry G. Ullerich, Assistant Attorney General, William S. Clark and T. Michelle Laird, Deputy Attorneys General, for Defendant and Appellant.

J. Thomas Sherrod and Nancy Petersen for Plaintiff and Respondent.

OPINION

CHIN, P.J.

The Department of Motor Vehicles (DMV) appeals from a judgment granting respondent Edward Donald Monaghan, Jr.'s, petition for writ of mandate, which sought to set aside the suspension of Monaghan's driving privilege for driving with an illegal blood-alcohol concentration (BAC). The judgment grants the writ without prejudice to the DMV's holding of an administrative hearing to review the suspension, but directs...

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