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PETRICKA v. DEPARTMENT OF MOTOR

No. A090302.

107 Cal.Rptr.2d 909 (2001)

89 Cal.App.4th 1341

James A. PETRICKA, Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant.

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

June 18, 2001.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Pamela Smith-Steward, Chief Assistant Attorney General, David Chaney, Senior Assistant Attorney General, Damon M. Connolly, Supervising Deputy Attorney General, Miguel A. Neri, Supervising Deputy Attorney General, Lyn Harlan, Deputy Attorney General, Attorneys for Appellant/Defendant—Dept. of Motor Vehicles.

Allan Gorelick, Thomas W. McDonnell, Attorneys for Respondent/Plaintiff— James A. Petricka.

MARCHIANO, J.

Respondent James A. Petricka was arrested for driving under the influence of alcohol (Veh.Code, § 23152). A chemical test of his blood revealed a blood alcohol level of .15 percent. Appellant Department of Motor Vehicles (DMV) suspended Petricka's driver's license after an administrative hearing. Petricka sought judicial review of the suspension by a petition for writ of mandate, in which he argued that the DMV had failed to prove that his blood...

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