Taxara v. Gutierrez

Opinion

ROBIE, J.

After Stephanie J. Taxara failed a breath test, the Department of Motor Vehicles (DMV) suspended her driver’s license. In this administrative mandate proceeding, the trial court directed the DMV to set aside the suspension because the administrator of the breath test had not continuously observed Taxara for 15 minutes before the test. On the DMV’s appeal of that mling, we conclude California Code of Regulations, title 17, section 1219.3, (hereafter regulation 1219.3) does not require a single person to observe the breath test subject for 15 minutes prior to the test.…