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BUSSARD v. DEPARTMENT OF MOTOR VEHICLES

No. F053889.

164 Cal.App.4th 858 (2008)

RICHARD BUSSARD, SR., Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant.

Court of Appeals of California, Fifth District.

June 13, 2008.

Attorney(s) appearing for the Case

Edmund G. Brown, Jr., Attorney General, Jacob A. Appelsmith, Assistant Attorney General, Elizabeth Hong and Jasmine K. Bath, Deputy Attorneys General, for Defendant and Appellant.

Law Offices of Richard O. Middlebrook and Richard O. Middlebrook, Jr., for Plaintiff and Respondent.

OPINION

KANE, J.

The Department of Motor Vehicles (the DMV) appeals from a judgment granting respondent Richard Bussard, Sr.'s petition for writ of mandate. The writ directed the DMV to set aside its suspension of respondent's driver's license for driving with blood-alcohol content in excess of 0.08 percent. In granting the writ, the trial court reasoned that the hearing officer improperly granted a continuance of the administrative hearing without a showing...

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