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TROPPMAN v. GOURLEY

No. A105287.

24 Cal.Rptr.3d 372 (2005)

Terry TROPPMAN, Plaintiff and Respondent, v. Steven GOURLEY, as Director, etc., Defendant and Appellant.

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

Review Granted May 18, 2005.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Andrea Lynn Hoch, Chief Assistant Attorney General, Jacob A. Applesmith and Taylor S. Carey, Assistant Attorneys General, Miguel A. Neri, Fiel D. Tigno and Raymond W. Hamilton III, Deputy Attorneys General, for Appellant.

John A.W. Halley, Law Office of John Halley, Redwood City, for Respondent.

McGUINESS, P.J.

For more than 12 years, California appellate courts have been split as to whether the license of a suspected drunk driver may be suspended or revoked for refusal to submit to a chemical test, pursuant to Vehicle Code section 13353,1 in the absence of a finding that the person was actually driving a vehicle at the time of the alleged offense. (See Mercer v. Department of Motor Vehicles (1991) 53...

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