Covington v. Department of Motor Vehicles

Opinion

HASTINGS, J.

This is an appeal from a judgment which granted a peremptory writ of mandate compelling the Department of Motor Vehi cíes (DMV) to set aside its decision to suspend James Milton Covington’s (respondent) driving privilege for six months pursuant to the implied consent law (Veh. Code, § 13353).

Vehicle Code section 13353, subdivision (b) 1 provides that if a person refuses an officer’s request or fails to complete a chemical test, on receipt of the officer’s sworn statement that he had reasonable cause to believe such person had been driving a motor vehicle under the influence…