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MacDONALD v. GUTIERREZ

No. S111253.

8 Cal.Rptr.3d 48 (2004)

81 P.3d 975

32 Cal.4th 150

Daniel L. MacDONALD, Plaintiff and Respondent, v. Chon GUTIERREZ, as Interim Director, etc., Defendant and Appellant.

Supreme Court of California.

January 8, 2004.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Andrea Lynn Hoch, Chief Assistant Attorney General, Jacob A. Appelsmith, Assistant Attorney General, Elizabeth Hong and Michelle Logan-Stern, Deputy Attorneys General, for Defendant and Appellant.

Law Offices of Ronald A. Jackson and Ronald A. Jackson, Ventura, for Plaintiff and Respondent.

BROWN, J.

Upon arresting someone for driving under the influence of alcohol or drugs, the arresting officer is required to make a sworn statement to the Department of Motor Vehicles (DMV) setting out all of the relevant information.1 In Lake v. Reed (1997) 16 Cal.4th 448, 65 Cal.Rptr.2d 860, 940 P.2d 311 (Lake), we held that, notwithstanding the predecessor statute to...

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