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DYER v. DEPARTMENT OF MOTOR VEHICLES

No. C054971.

163 Cal.App.4th 161 (2008)

PAUL DYER, Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant.

Court of Appeals of California, Third District.

May 22, 2008.

Attorney(s) appearing for the Case

Edmund G. Brown, Jr., Attorney General, Jacob A. Appelsmith, Assistant Attorney General, Vincent J. Scally, Jr., and Barbara A. Morris, Deputy Attorneys General, for Defendant and Appellant.

Barry W. Jones for Plaintiff and Respondent.

OPINION

BUTZ, J.

Following his arrest for driving under the influence of alcohol (DUI), the Department of Motor Vehicles (DMV) suspended plaintiff Paul Dyer's driver's license under the "administrative per se" statutes. (See Veh. Code, §§ 13353.2, 13353.3, 13382.) After an administrative hearing, the DMV upheld the suspension.

Dyer then filed a petition for writ of...

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