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SOLOVIJ v. GOURLEY

No. B142024.

105 Cal.Rptr.2d 278 (2001)

87 Cal.App.4th 1229

Irene Janina SOLOVIJ, Plaintiff and Respondent, v. Steven GOURLEY, as Director, etc., et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division Six.

March 22, 2001.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Silvia M. Diaz, Supervising Deputy Attorney General, and Zachary D. Wechsler, Deputy Attorney General, for Defendants and Appellants.

Ronald A. Jackson, Ventura, for Plaintiff and Respondent.

GILBERT, P.J.

The Department of Motor Vehicles (DMV) suspended Irene Janina Solovij's license for driving with 0.08 percent or more of alcohol in her blood. (Veh.Code, § 13353.2.)1 The administrative hearing officer considered both the officer's sworn and unsworn report. The trial court granted Solovij's petition for writ of mandate because there was no competent evidence in the sworn report to justify the initial stop and detention...

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