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Legal Opinion

Giomi v. Department of Motor Vehicles

California Court of Appeal

Decided March 9, 1971No. Civ. 28179PublishedCited by 15 opinions

1Opinion of the Court

Opinion

DRAPER, P. J.

The department ordered suspension of Giomi’s driver’s license because of his refusal to take one of the three tests required by law (Veh. Code, § 13353) when he was arrested for drunk driving. After hearing, the superior court issued peremptory writ of mandate requiring the department to vacate its order. The department appeals.

The arresting officer advised respondent only that his driver’s license could be suspended if he failed to take one of the tests. But the code section requires warning that the license will be, or would be suspended in the event of refusal.

Proper…

2Cases cited3 opinions

  1. Bush v. BrightCalifornia Court of Appeal · 1968
  2. Smith v. Department of Motor VehiclesCalifornia Court of Appeal · 1969
  3. Janusch v. Department of Motor VehiclesCalifornia Court of Appeal · 1969

3Cited by15 opinions

  1. Decker v. Department of Motor VehiclesCalifornia Supreme Court · 1972
  2. Lampman v. Department of Motor VehiclesCalifornia Court of Appeal · 1972
  3. Thompson v. Department of Motor VehiclesCalifornia Court of Appeal · 1980
  4. State v. HuberIndiana Court of Appeals · 1989
  5. People v. ValdiviaCalifornia Court of Appeal · 1986

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