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ROZE v. DEPARTMENT OF MOTOR VEHICLES

No. D047383.

46 Cal.Rptr.3d 829 (2006)

141 Cal.App.4th 1176

Erik ROZE, Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant.

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

August 1, 2006.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Jacob A. Appelsmith, Assistant Attorney General, Chris A. Knudsen, Deputy Attorney General, for Defendant and Appellant Department of Motor Vehicles.

Adam Van Susteren for Plaintiff and Respondent Erik Roze.

O'ROURKE, J.

The Department of Motor Vehicles (the DMV) appeals a judgment granting Erik Roze's petition for writ of administrative mandamus and ordering the DMV to set aside its order suspending Roze's driver's license. The court ruled the evidence at the administrative hearing did not support the hearing officer's finding that Roze was driving with a blood alcohol content (BAC) in excess of 0.08 percent, in part because roadside preliminary alcohol screening (PAS...

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