Legal Opinion
Buttimer v. Alexis
California Court of Appeal
Decided August 30, 1983No. Civ. 22587PublishedCited by 16 opinions
1Opinion of the Court
Opinion
CARR, J.
The Department of Motor Vehicles (DMV) appeals from a judgment commanding DMV to set aside an order of suspension of plaintiff Buttimer’s (hereinafter referred to as petitioner) driver’s license, At issue is the right of DMV in hearings pursuant to Vehicle Code section 13353 to relitigate the lawfulness of an arrest after a criminal court, in connection with a motion to suppress (Pen. Code, § 1538.5), has ruled the arrest unlawful. The trial court ruled DMV was collaterally estopped from relitigating the issue. We affirm.
On December 18, 1981, petitioner was arrested in South…
2Cases cited11 opinions
- People v. SimsCalifornia Supreme Court · 1982
- In Re MartinezCalifornia Supreme Court · 1970
- People v. HaykoCalifornia Court of Appeal · 1970
- People v. GephartCalifornia Court of Appeal · 1979
- Governing Board v. MetcalfCalifornia Court of Appeal · 1974
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Gikas v. ZolinCalifornia Supreme Court · 1993
- Mercer v. Department of Motor VehiclesCalifornia Supreme Court · 1991
- Rymer v. HaglerCalifornia Court of Appeal · 1989
- Padilla v. MeeseCalifornia Court of Appeal · 1986
- Dyson v. State Personnel BoardCalifornia Court of Appeal · 1989
11 more not listed; retrieve them via the Exa API.