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McDONALD v. DEPARTMENT OF MOTOR VEHICLES

No. D032919.

91 Cal.Rptr.2d 826 (2000)

77 Cal.App.4th 677

Steven T. McDONALD, Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant.

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

January 14, 2000.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Martin H. Milas, Chief Assistant Attorney General, Silvia M. Diaz and Martin W. Hagan, Deputy Attorneys General, for Defendant and Appellant.

Thomas J. Warwick, Jr., Grimes & Warwick, San Diego, for Plaintiff and Respondent.

O'ROURKE, J.

The Department of Motor Vehicles (DMV) appeals a judgment granting Steven McDonald's petition for writ of administrative mandamus and reducing his driver's license suspension from one year to four months. The court determined that the Colorado law under which McDonald pleaded guilty for driving while ability impaired (DWAI) was not "substantially similar" to California Vehicle Code 1 section 23152, subdivisions (a) and (b...

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