Morgan v. Department of Motor Vehicles

Opinion

SIMS, J.

Plaintiff (hereafter referred to as petitioner) appeals from a judgment denying his petition for a writ of mandate in which he sought to compel the Department of Motor Vehicles to vacate its order suspending his driving privilege for refusal to submit to a chemical test pursuant to Vehicle Code section 13353, 1 the “implied consent law.” We affirm.

Factual and Procedural Background

On May 1, 1982, petitioner was lawfully arrested for driving under the influence of an intoxicating beverage. (§ 23152, subd. (a).) The arresting officer advised petitioner that he was required to…