Cornforth v. Department of Motor Vehicles

Opinion

DEVINE, P. J.

This is a driver’s license suspension case. The trial court granted a peremptory writ of mandate directing appellant to set aside its order of suspension.

It is not questioned that respondent was driving while drunk; he pleaded guilty. It is not contended by respondent that he was in any way misled by the officers procedure; he was given proper admonitions. He informed the officer that he had consumed about seven Martinis. He failed field sobriety tests, Respondent’s sole point is that the officer should not have stopped him.

Respondent was driving his automobile in the slow…