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TAXARA v. GUTIERREZ

No. C043125.

8 Cal.Rptr.3d 172 (2003)

114 Cal.App.4th 945

Stephanie J. TAXARA, Plaintiff and Respondent, v. Chon GUTIERREZ, as Acting Director, etc., Defendant and Appellant.

Court of Appeals of California, Third District.

December 30, 2003.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Jacob A. Appelsmith, Senior Assistant Attorney General, Vincent J. Scally, Jr., Supervising Deputy Attorney General, Steven Kaiser, Deputy Attorney General, for Plaintiff and Appellant.

Mark H. Sollitt, Citrus Heights, for Defendant and Respondent.

ROBIE, J.

After Stephanie J. Taxara failed a breath test, the Department of Motor Vehicles (DMV) suspended her driver's license. In this administrative mandate proceeding, the trial court directed the DMV to set aside the suspension because the administrator of the breath test had not continuously observed Taxara for 15 minutes before the test. On the DMV's appeal of that ruling, we conclude California Code of Regulations...

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