Legal Opinion
ROZE v. Department of Motor Vehicles
California Court of Appeal
Decided August 1, 2006No. D047383PublishedCited by 7 opinions
1Opinion of the Court
Opinion
O’ROURKE, J.
The Department of Motor Vehicles (the DMV) appeals a judgment granting Erik Roze’s petition for writ of administrative mandamus and ordering the DMV to set aside its order suspending Roze’s driver’s license. The court ruled the evidence at the administrative hearing did not support the hearing officer’s finding that Roze was driving with a blood-alcohol content (BAC) in excess of 0.08 percent, in part because roadside preliminary alcohol screening (PAS) tests showing Roze had 0.104 and 0.108 BAC were unreliable. The DMV contends the court erred by declining to give the PAS…
2Cases cited18 opinions
- Teel v. GaskillCalifornia Supreme Court · 1944
- Fukuda v. City of AngelsCalifornia Supreme Court · 1999
- Lake v. ReedCalifornia Supreme Court · 1997
- City of Santa Monica v. StewartCalifornia Court of Appeal · 2005
- Davenport v. Department of Motor VehiclesCalifornia Court of Appeal · 1992
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3Cited by7 opinions
- Park v. ValverdeCalifornia Court of Appeal · 2007
- Park v. ValverdeCalifornia Court of Appeal · 2007
- Gerwig v. GordonCalifornia Court of Appeal · 2021
- McKeown v. DMV CA4/1California Court of Appeal · 2015
- Pipitone v. Dept of Motor VehiclesCalifornia Court of Appeal · 2026
2 more not listed; retrieve them via the Exa API.