McNabb v. Department of Motor Vehicles

Opinion

ARDAIZ, J.

The Department of Motor Vehicles (DMV), pursuant to Vehicle Code section 13353.2, issued an order suspending the driver’s license of Glen McNabb on the grounds that he had driven with a blood-alcohol concentration greater than .08 percent. 1 McNabb challenged the order at a DMV administrative hearing. The hearing officer determined that the evidence supported the order and upheld the suspension. McNabb thereafter petitioned the superior court for a writ of mandate directing the DMV to set aside its order. The writ was granted, and DMV appeals. We will reverse and remand.

Factua…