Legal Opinion
Ross v. Department of Motor Vehicles
California Court of Appeal
Decided March 30, 1990No. G007669PublishedCited by 8 opinions
1Opinion of the Court
Opinion
SONENSHINE, J.
Gene Ross appeals a judgment denying his petition for a writ of mandate directed to the Department of Motor Vehicles. The sole issue is whether, following Ross’s arrest for drunk driving, his request to see a laboratory technician’s identification prior to allowing blood to be drawn constitutes a refusal pursuant to Vehicle Code section 13353.
I
The facts are undisputed. Ross was arrested on September 14, 1986, by California Highway Patrol Officer Richard Geller on suspicion of driving under the influence of alcohol. He was taken to Orange County jail, where he was given a…
2Cases cited8 opinions
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Hernandez v. Department of Motor VehiclesCalifornia Supreme Court · 1981
- Kesler v. Department of Motor VehiclesCalifornia Supreme Court · 1969
- Fallis v. Department of Motor VehiclesCalifornia Court of Appeal · 1968
- Webb v. MillerCalifornia Court of Appeal · 1986
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Espinoza v. ShiomotoCalifornia Court of Appeal · 2017
- Payne v. Department of Motor VehiclesCalifornia Court of Appeal · 1991
- Ruch v. ConradNebraska Supreme Court · 1995
- White v. Department of Motor VehiclesCalifornia Court of Appeal · 2011
- Espinoza v. Shiomoto, California Court of Appeal, 5th District2017
3 more not listed; retrieve them via the Exa API.