Arburn v. Department of Motor Vehicles

Opinion

MIHARA, Acting P. J.

Following an administrative hearing, appellant Department of Motor Vehicles (the DMV) suspended respondent Jeffrey J. Arburn’s driving privileges for one year for driving motor vehicle while under the influence of alcohol. (See Veh. Code, §§ 13353.2, 13353.3, subd. (b)(2).)1 The superior court granted Arburn’s subsequent petition and issued a writ of mandate directing the DMV to set aside the suspension. On appeal, the DMV contends the superior court erred in reversing Arburn’s suspension on the grounds that the arresting officer did not have reasonable suspicion to…