GARCIA v. DEPARTMENT OF MOTOR VEHICLES

No. A126130.

185 Cal.App.4th 73 (2010)

109 Cal. Rptr. 3d 906

BENITO GARCIA, Plaintiff and Appellant, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Respondent.

Court of Appeals of California, First District, Division Five.

May 28, 2010.


Attorney(s) appearing for the Case

Joseph Morehead for Plaintiff and Appellant.

Edmund G. Brown, Jr., Attorney General, William T. Darden and Jennifer G. Perkell, Deputy Attorneys General, for Defendant and Respondent.


OPINION

BRUINIERS, J.

The Department of Motor Vehicles (DMV) suspended Benito Garcia's (Garcia) driving privileges for refusal to submit to, or failure to complete, a chemical test for blood-alcohol content (Veh. Code, § 13353, subd. (a)(1)).1 Garcia sought an order from the trial court, via petition for writ of administrative mandamus (§ 13559, subd. (a); Code Civ. Proc., § 1094.5), directing...

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