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LAKE v. REED

Docket No. S055775.

16 Cal.4th 448 (1997)

RICHARD LAKE, Plaintiff and Appellant, v. SALLY R. REED, as Director, etc., Defendant and Respondent.

Supreme Court of California.

August 7, 1997.

Attorney(s) appearing for the Case

COUNSEL

John A.W. Halley for Plaintiff and Appellant.

Barry T. Simons, K. Randolph Moore and Ed Kuwatch as Amici Curiae on behalf of Plaintiff and Appellant.

Daniel E. Lungren, Attorney General, Martin H. Milas, Assistant Attorney General, Robert R. Buell, Christine B. Mersten and Heidi T. Salerno, Deputy Attorneys General, for Defendant and Respondent.

OPINION

WERDEGAR, J.

A person who operates a motor vehicle while intoxicated is subject to criminal prosecution and penalties. Prior to the criminal trial, however, the Department of Motor Vehicles (hereafter DMV or the department) must suspend the individual's driver's license as an administrative matter if it determines the person was driving a motor vehicle with a blood-alcohol concentration (hereafter sometimes BAC) of .08 percent...

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