Scott v. Pierce

Opinion

PUGLIA, P. J.

The Department of Motor Vehicles (DMV) revoked appellant’s driver’s license for two years for refusing to submit to an intoxication test. (Veh. Code, § 13353; hereafter section 13353.) In the administrative hearing the DMV relied upon the arresting officer’s sworn statement pursuant to section 13353. Although the officer had been subpoenaed by DMV, he did not appear at the hearing. After exhausting his administrative remedies, the appellant sought review in the trial court by administrative mandamus. (Code Civ. Proc., § 1094.5.) Exercising its independent judgment, the…