Legal Opinion
Smith v. Department of Motor Vehicles
California Court of Appeal
Decided November 6, 1969No. Docket 26435PublishedCited by 19 opinions
1Opinion of the Court
Opinion
BROWN (H. C.), J.
This is an appeal by the Department of Motor Vehicles from a judgment of the superior court granting Arthur Smith’s (respondent) petition for writ of mandamus setting aside the department’s suspension of his driver’s license for refusal to submit to one of the sobriety tests required by Vehicle Code section 13353. 1
The facts disclose that respondent was driving his automobile erratically and straddling two lanes in the City of Oakland. Officer Coffman of the Oakland Police Department, after observing Smith, stopped him and, upon questioning, observed Smith’s bloodshot…
2Cases cited15 opinions
- Moran v. Board of Medical ExaminersCalifornia Supreme Court · 1948
- Dare v. Board of Medical ExaminersCalifornia Supreme Court · 1943
- Finley v. OrrCalifornia Court of Appeal · 1968
- Autry v. Republic Productions, Inc.California Supreme Court · 1947
- Ishimatsu v. Regents of University of CaliforniaCalifornia Court of Appeal · 1968
10 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- McDonnell v. Department of Motor VehiclesCalifornia Court of Appeal · 1975
- Calvert v. STATE, DEPT. OF REVENUE, MOTOR VEHICLE D.Supreme Court of Colorado · 1974
- Goodman v. OrrCalifornia Court of Appeal · 1971
- People v. SchoenfeldCalifornia Court of Appeal · 1980
- Anderson v. CozensCalifornia Court of Appeal · 1976
14 more not listed; retrieve them via the Exa API.