Legal Opinion
Frase v. Gourley
California Court of Appeal
Decided December 19, 2000No. G025876PublishedCited by 1 opinion
1Opinion of the Court
Opinion
SILLS, P. J.
The Department of Motor Vehicles (DMV) suspended Stuart Fred Prase’s driver’s license following an administrative per se hearing. When Frase challenged the suspension in court, the DMV was unable to file the complete administrative record because it had lost a portion of the hearing—the testimony of Frase and his expert—and refused to bear the cost of reconstructing it. We affirm the judgment setting aside the suspension.
I
Early in the evening on October 7, 1998, Frase was involved in a minor automobile accident in Irvine. Results of a blood test indicated he had been…
2Cases cited5 opinions
- Gikas v. ZolinCalifornia Supreme Court · 1993
- ELIZABETH D. v. ZolinCalifornia Court of Appeal · 1993
- Chavez v. Civil Service CommissionCalifornia Court of Appeal · 1978
- Woodard v. Personnel Commission of the Compton Unified School DistrictCalifornia Court of Appeal · 1979
- Hothem v. City and County of San FranciscoCalifornia Court of Appeal · 1986
3Cited by1 opinion
- Leal v. GourleyCalifornia Court of Appeal · 2002