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JACOBSON v. GOURLEY

No. E026312.

100 Cal.Rptr.2d 349 (2000)

83 Cal.App.4th 1331

Geoff C. JACOBSON, Plaintiff and Respondent, v. Steven GOURLEY, as Director, etc., Defendant and Appellant.

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

September 28, 2000.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Silvia M. Diaz, Supervising Deputy Attorney General and Jorge M. Otano, Deputy Attorney General, for Defendant and Appellant.

Allen & Ehrle, Claremont, and T. Douglas Allen, for Plaintiff and Respondent.

OPINION

McKINSTER, J.

The Director of the Department of Motor Vehicles ("DMV") appeals from a judgment granting a petition for a writ of mandate. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On March 27, 1999, Jacobson was arrested in Rancho Cucamonga for driving while under the influence of alcohol in violation of Vehicle Code section 23152. A sample of his blood was taken and he surrendered his driver's license to the arresting...

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