Legal Opinion

August v. Department of Motor Vehicles

California Court of Appeal

Decided July 16, 1968No. Civ. 8799PublishedCited by 37 opinions

1Opinion of the CourtWhelan, J.

Appellant Department of Motor Vehicles (DMV) appeals from a judgment ordering a peremptory writ of mandate to issue that DMV set aside its order suspending a driver’s license.

On November 11, 1966, San Diego Police Officer Warren filed a sworn statement, an arrest report, and a supplemental arrest report with DMV pursuant to section 13353, Vehicle Code. The statement alleged that the officer had probable cause to believe Donald Andrew August (licensee) had been driving a motor vehicle on a public highway while under the influence of intoxicating liquor; that licensee had been informed he had…

2Cases cited25 opinions

  1. Greene v. McElroySupreme Court of the United States · 1959
  2. Brookhart v. JanisSupreme Court of the United States · 1966
  3. Willner v. Committee on Character and Fitness, Appellate Div. of Supreme Court of NY, First Judicial Dept.Supreme Court of the United States · 1963
  4. People v. JohnsonCalifornia Supreme Court · 1968
  5. Escobedo v. State of CaliforniaCalifornia Supreme Court · 1950

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3Cited by37 opinions

  1. Hernandez v. Department of Motor VehiclesCalifornia Supreme Court · 1981
  2. Davenport v. Department of Motor VehiclesCalifornia Court of Appeal · 1992
  3. Borror v. Department of InvestmentCalifornia Court of Appeal · 1971
  4. Daniels v. Department of Motor VehiclesCalifornia Supreme Court · 1983
  5. Joyner v. GarrettSupreme Court of North Carolina · 1971

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