McGue v. Sillas

Opinion

CALDECOTT, P. J.

Thomas E. McGue appeals from a judgment denying petition for writ of mandamus. If issued, the writ would have directed respondent Director of the Department of Motor Vehicles (hereinafter DMV) to set aside its decision suspending appellant’s driver’s license for a period of six months pursuant to Vehicle Code section 13353. That section creates an implied consent to a chemical test—blood, breath or urine—on the part of a driver suspected of driving under the influence of intoxicating liquor.

Officer Philip Koyl of the Novato Police Department saw appellant driving…