Legal Opinion
Burkhart v. Department of Motor Vehicles
California Court of Appeal
Decided September 30, 1981No. Civ. 5968PublishedCited by 18 opinions
1Opinion of the Court
Opinion
ANDREEN, J.
The Department of Motor Vehicles (DMV or Department) appeals from a judgment granting a peremptory writ of mandate which ordered it to reissue the suspended driver’s license of respondent John Earl Burkhart (Burkhart).
Facts
Burkhart was arrested for driving under the influence of alcohol (Veh. Code, § 23102, subd. (a) 1 ) on June 8, 1979.
On the same date, the arresting officer executed a statement under penalty of perjury as required by section 13353. In pertinent part, the statement reads: “At the time of arrest, I had reasonable cause to believe the person arrested had been…
2Cases cited28 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Goldberg v. KellySupreme Court of the United States · 1970
- Gerstein v. PughSupreme Court of the United States · 1975
23 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Daniels v. Department of Motor VehiclesCalifornia Supreme Court · 1983
- Kobilansky v. LiffrigNorth Dakota Supreme Court · 1984
- Imachi v. Department of Motor VehiclesCalifornia Court of Appeal · 1992
- Fisk v. Department of Motor VehiclesCalifornia Court of Appeal · 1981
- Snelgrove v. Department of Motor VehiclesCalifornia Court of Appeal · 1987
13 more not listed; retrieve them via the Exa API.