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BURNSTINE v. DEPARTMENT OF MOTOR VEHICLES

Docket No. G017198.

51 Cal.App.4th 1428 (1996)

JOHN MITCHELL BURNSTINE, Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant.

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

December 9, 1996.

Attorney(s) appearing for the Case

COUNSEL

Daniel E. Lungren, Attorney General, Silvia Diaz and Mary Horst, Deputy Attorneys General, for Defendant and Appellant.

William J. Kopeny for Plaintiff and Respondent.

OPINION

THE COURT.*

John Mitchell Burnstine was arrested for driving under the influence of alcohol. According to the officer's statement, when Burnstine was asked to take a blood, breath, or urine test, he refused: "[Driver] Burnstine very uncooperative in answering questions. Chem[ical] test adm[onition] read twice. [Driver] Burnstine interrupted and...

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