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MIYAMOTO v. DEPARTMENT OF MOTOR VEHICLES

No. H032987.

176 Cal.App.4th 1210 (2009)

MARTIN DEAN MIYAMOTO, Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant.

Court of Appeals of California, Sixth District.

August 20, 2009.

Attorney(s) appearing for the Case

Edmund G. Brown, Jr., Attorney General, Alicia Fowler, Assistant Attorney General, Miguel A. Neri, Fiel D. Tigno and Robert Andrew Harkness, Deputy Attorneys General, for Defendant and Appellant.

Stephanie Francone and Andrew C. Janecki for Plaintiff and Respondent.

OPINION

McADAMS, J.—

The Department of Motor Vehicles (DMV) appeals a judgment granting Martin Dean Miyamoto's petition for writ of administrative mandamus and ordering the DMV to set aside its order suspending Miyamoto's driver's license after he was arrested for driving under the influence of alcohol. The trial court ruled that the forensic laboratory report (Lab Report) of Miyamoto's blood test results was inadmissible hearsay and...

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