Mosier v. Department of Motor Vehicles

Opinion

WALLIN, J.

The Department of Motor Vehicles (DMV) appeals from a judgment granting a writ of mandate (Code Civ. Proc., § 1094.5) directing it to set aside an order suspending Charles Ray Mosier’s driving privilege. Mosier’s license was suspended under Vehicle Code section 13353.2, subdivision (a), 1 after he was arrested for driving with a blood-alcohol level of .08 percent or higher in violation of section 23152, subdivision (b). The DMV contends the trial court erred in concluding the subsequent dismissal of the charge was the equivalent of an acquittal under section 13353.2,…