Music v. Department of Motor Vehicles

Opinion

POCHÉ, J.

Appellant Gary William Music appeals from a judgment 1 denying his petition for writ of mandate 2 seeking to overturn an order of respondent, Department of Motor Vehicles, suspending his driver’s license for six months for failing to submit to a chemical test when requested to do so by a police officer. (Veh. Code, §§ 13353, subd. (a); 23157.) 3 The controlling issue on appeal is whether appellant was validly arrested for driving under the influence in that the arresting officer did not actually witness an act of driving a motor vehicle. We hold that under such circumstances,…