No. D076921.

61 Cal.App.5th 59 (2021)

WILLIAM LEE GERWIG, JR., Plaintiff and Appellant, v. STEVE GORDON, as Director, etc., Defendant and Respondent.

Court of Appeals of California, Fourth District, Division One.

February 19, 2021.

Attorney(s) appearing for the Case

A.P. Zmurkiewicz for Plaintiff and Appellant.

Xavier Becerra , Attorney General, Chris A. Knudsen , Assistant Attorney General, Celine M. Cooper and Elizabeth Vann , Deputy Attorneys General, for Defendant and Respondent.


When the Department of Motor Vehicles (DMV) holds an administrative hearing to consider whether to suspend a driver's license, certain relaxed evidentiary standards govern. The DMV can usually support its case by relying on an Evidence Code presumption that chemical blood tests were properly conducted, and the...

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