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FURMAN v. DEPARTMENT OF MOTOR VEHICLES

No. H022764.

122 Cal.Rptr.2d 520 (2002)

100 Cal.App.4th 416

John Paul FURMAN, Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant.

Court of Appeals of California, Sixth District.

Review Denied October 23, 2002.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, David S. Chaney, Senior Assistant Attorney General, Damon M. Connolly, Supervising Deputy Attorney General, Miguel A. Neri, Supervising Deputy Attorney General, Denis S. Kenny, Deputy Attorney General, for Appellant Department of Motor Vehicles.

Arthur Dudley, Page, Salisbury & Dudley, Santa Cruz, for Respondent John Paul Furman.

MIHARA, J.

The superior court issued a writ of mandate directing appellant Department of Motor Vehicles (the DMV) to set aside its suspension of respondent John Paul Furman's driving privilege and reinstate Furman's driving privilege. The court found that the forensic alcohol analysis submitted by the DMV in support of the suspension was not sufficient competent evidence to support the suspension because it would not have been admissible over a hearsay objection in...

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