Legal Opinion

Espinoza v. Shiomoto

California Court of Appeal

Decided March 24, 2017No. E064252APublishedCited by 23 opinions

1Opinion of the Court

Opinion

McKINSTER, J.

I

INTRODUCTION

Bernice Espinoza appeals from the denial of her petition for writ of administrative mandate challenging the one-year suspension of her driver’s license by the Department of Motor Vehicles (Department). We conclude the record supports the trial court’s implied findings that (1) Espinoza was lawfully arrested on reasonable cause to believe she had been driving under the influence of alcohol (DUI), (2) Espinoza refused to submit to and failed to complete a chemical test as required under the implied consent law, and (3) Espinoza was afforded a fair hearing before…

2Cases cited55 opinions

  1. Illinois v. GatesSupreme Court of the United States · 1983
  2. Whren v. United StatesSupreme Court of the United States · 1996
  3. Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
  4. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  5. Perry v. SindermannSupreme Court of the United States · 1972

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3Cited by23 opinions

  1. State of Maine v. Lyanne Lemeunier-FitzgeraldSupreme Judicial Court of Maine · 2018
  2. Murphey v. Shiomoto, California Court of Appeal, 5th District2017
  3. People v. Gutierrez, California Court of Appeal, 5th District2018
  4. Anderson v. Davidson, California Court of Appeal, 5th District2019
  5. 65282 Two Bunch Palms Building LLC v. Coastal Harvest II, LLCCalifornia Court of Appeal · 2023

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