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MORGENSTERN v. DEPARTMENT OF MOTOR VEHICLES

No. D040213

4 Cal.Rptr.3d 46 (2003)

111 Cal.App.4th 366

Darrell MORGENSTERN, Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant.

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

August 15, 2003

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Andrea Lynn Hoch, Chief Assistant Attorney General, Jacob A. Appelsmith, Assistant Attorney General, Dennis W. Dawson and Kathryn M. Megli, Deputy Attorneys General, for Defendant and Appellant.

Trost, Woods & Messina and Richard W. Trost, San Diego, for Plaintiff and Respondent.

McINTYRE, J.

The Department of Motor Vehicles (the DMV) suspended Darrell Morgenstern's license to drive following his arrest for driving under the influence of alcohol (DUI) based on results of a breath test showing that his blood-alcohol concentration (BAC) was in excess of the legal limit. The superior court granted Morgenstern's petition for writ of administrative mandamus and ordered the DMV to set aside its suspension order because the arresting officer failed...

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