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BAKER v. GOURLEY

No. G028732.

120 Cal.Rptr.2d 348 (2002)

98 Cal.App.4th 1263

John BAKER, Plaintiff and Appellant, v. Steven GOURLEY, as Director, etc., Defendant and Respondent.

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

Review Denied August 14, 2002.

Attorney(s) appearing for the Case

Law Offices of Barry Simons and Barry T. Simons, Laguna Beach, for Plaintiff and Appellant.

Bill Lockyer, Attorney General, Laura Lee Gold, Dana T. Cartozian, Deputy Attorneys General, for Defendant and Respondent.

OPINION

SILLS, P.J.

This case centers on the so-called "Admin Per Se" laws where the DMV suspends a drivers' license when a motorist has been arrested for drunk driving before the motorist has had the benefit of a trial in a court of law. It does not involve a criminal prosecution for drunk driving. As we explain below, because the Admin Per Se law operates in a summary fashion, the DMV is required to show that the motorist had a certain amount...

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