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ARBURN v. DEPARTMENT OF MOTOR VEHICLES

No. H030127.

61 Cal.Rptr.3d 15 (2007)

151 Cal.App.4th 1480

Jeffrey J. ARBURN, Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant.

Court of Appeal of California, Sixth District.

May 10, 2007.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Miguel A. Neri, Fiel D. Tigno, Supervising Deputy Attorneys General, Bonnie Jaway Chen, Deputy Attorney General, for Defendant and Appellant.

Dennis Alan Lempert, Neah Huynh, Santa Clara, Plaintiff and Respondent.

MIHARA, Acting P.J.

Following an administrative hearing, appellant Department of Motor Vehicles (the DMV) suspended respondent Jeffrey J. Arburn's driving privileges for one year for driving a motor vehicle while under the influence of alcohol. (See Veh.Code, §§ 13353.2, 13353.3, subd. (b)(2).)1 The superior court granted Arburn's subsequent petition and issued a writ of mandate directing the DMV to set aside the suspension....

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