Legal Opinion

Behan v. Alexis

California Court of Appeal

Decided February 27, 1981No. Civ. 22801PublishedCited by 11 opinions

1Opinion of the Court

Opinion

WIENER, J.

This case involves what we will describe as the “disappearing” lawful arrest in the context of a driver’s license suspension by the Department of Motor Vehicles (DMV). We decide, “Once a lawful arrest, always a lawful arrest” under Vehicle Code section 13353, regardless of the disappearance of the word “arrest” pursuant to the application of Penal Code sections 849.5 and 851.6. We reverse the judgment setting aside the suspension of Jeffrey Phillip Behan’s driver’s license and instruct the trial court to enter judgment for the DMV.

Sanctions for Failure to Comply With…

2Cases cited6 opinions

  1. Merrill v. Department of Motor VehiclesCalifornia Supreme Court · 1969
  2. Interinsurance Exchange of the Automobile Club v. Ohio Casualty InsuranceCalifornia Supreme Court · 1962
  3. City of Costa Mesa v. McKenzieCalifornia Court of Appeal · 1973
  4. Cahall v. Department of Motor VehiclesCalifornia Court of Appeal · 1971
  5. In Re AndrewsCalifornia Supreme Court · 1976

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Pond v. Insurance Co. of North AmericaCalifornia Court of Appeal · 1984
  2. Buttimer v. AlexisCalifornia Court of Appeal · 1983
  3. Teter v. City of Newport BeachCalifornia Supreme Court · 2003
  4. In Re Social Services Payment CasesCalifornia Court of Appeal · 2008
  5. Armondo v. Department of Motor VehiclesCalifornia Court of Appeal · 1993

6 more not listed; retrieve them via the Exa API.

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