Legal Opinion

Imachi v. Department of Motor Vehicles

California Court of Appeal

Decided January 14, 1992No. A053704PublishedCited by 30 opinions

1Opinion of the Court

Opinion

KLINE, P. J.

Clifton Imachi appeals from the denial of a petition for writ of mandate by which he challenged the decision of respondent Department of Motor Vehicles (DMV) to suspend his driver’s license for driving with a blood-alcohol content greater than .08 percent. He contends that respondent’s decision was based upon improper evidence and that the hearing violated his right to due process. We find merit in the former contention and reverse.

Statement of the Case and Facts

Appellant was arrested for driving under the influence of alcohol at 1:15 a.m. on January 22, 1991. On a “DL 367”…

2Cases cited12 opinions

  1. Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
  2. People v. KellyCalifornia Supreme Court · 1976
  3. Burg v. Municipal CourtCalifornia Supreme Court · 1983
  4. Daniels v. Department of Motor VehiclesCalifornia Supreme Court · 1983
  5. People v. AdamsCalifornia Court of Appeal · 1976

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

3Cited by30 opinions

  1. Davenport v. Department of Motor VehiclesCalifornia Court of Appeal · 1992
  2. Rupf v. YanCalifornia Court of Appeal · 2000
  3. McKinney v. Department of Motor VehiclesCalifornia Court of Appeal · 1992
  4. Santos v. Department of Motor VehiclesCalifornia Court of Appeal · 1992
  5. Gananian v. ZolinCalifornia Court of Appeal · 1995

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

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