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HERNANDEZ v. GUTIERREZ

No. G031100.

7 Cal.Rptr.3d 307 (2003)

114 Cal.App.4th 168

Richard Vigil HERNANDEZ, Plaintiff and Respondent, v. Chon GUTIERREZ, as Director, etc., Defendant and Appellant.

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

As Modified January 9, 2004.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Dennis W. Dawson and Patti W. Ranger, Deputy Attorneys General, for Defendant and Appellant.

Law Offices of Barry T. Simons and Barry T. Simons for Plaintiff and Respondent.

Certified for Partial Publication.*

OPINION

ARONSON, J.

The Department of Motor Vehicles (DMV) challenges a judgment granting a writ of mandate overturning its suspension of Richard Vigil Hernandez's driver's license. Because the peace officer who observed Hernandez for the requisite period prior to a breath alcohol test was not a certified intoxilyzer operator, the trial court concluded the test results were inadmissible...

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