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McNARY v. DEPARTMENT OF MOTOR VEHICLES

Docket No. E014596.

45 Cal.App.4th 688 (1996)

MICHAEL GRAY McNARY, Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant.

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

May 17, 1996.

Attorney(s) appearing for the Case

COUNSEL

Daniel E. Lungren, Attorney General, Martin H. Milas and Jack T. Kerry, Deputy Attorneys General, for Defendant and Appellant.

Bartell, Beloian & Hensel and Donald J. Bartell for Plaintiff and Respondent.

OPINION

McKINSTER, J.

Respondent, Michael Gray McNary, was arrested for driving with a blood-alcohol level in excess of .08 percent and received a suspension of his license. He challenged the suspension of his license at an administrative hearing, but the hearing officer upheld it.

Respondent then successfully petitioned for a writ of mandate from the Riverside Superior Court on the basis the administrative record failed to...

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