Manning v. Department of Motor Vehicles

Opinion

SILLS, P. J.

— Richard J. Manning was arrested for driving under the influence of alcohol and submitted to a urine test. The forensic report from the Orange County Sheriff-Coroner Department crime laboratory showed he had a blood-alcohol concentration above the legal limit of 0.08 percent. Following an administrative per se hearing, the Department of Motor Vehicles (DMV) suspended his driving privilege for driving with a blood-1 alcohol concentration in excess of the legal limit.

Manning petitioned for writ of administrative mandamus. The superior court issued the writ and the DMV…