Legal Opinion
Dyer v. Department of Motor Vehicles
California Court of Appeal
Decided May 22, 2008No. C054971PublishedCited by 2 opinions
1Opinion of the Court
Opinion
BUTZ, J.
— Following his arrest for driving under the influence of alcohol (DUI), the Department of Motor Vehicles (DMV) suspended plaintiff Paul Dyer’s driver’s license under the “administrative per se” statutes. (See Veh. Code, §§ 13353.2, 13353.3, 13382.) After an administrative hearing, the DMV upheld the suspension.
Dyer then filed a petition for writ of administrative mandate in superior court. (Veh. Code, § 13559, subd. (a); Code Civ. Proc., § 1094.5.) Citing Vehicle Code section 40800, the court granted the petition on the sole ground that the arrest was unlawful because the…
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- Barber v. Long Beach Civil Service CommissionCalifornia Court of Appeal · 1996
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