Freeman v. Department of Motor Vehicles

Defendant Department of Motor Vehicles (hereinafter referred to as “the DMV”) appeals from a judgment granting a peremptory writ of mandate commanding it to set aside a decision suspending plaintiff’s driver’s license.

Deputy Sheriff Fowler, seeing plaintiff in an apparent violation of section 23102, subdivision (a), of the Vehicle Code (misdemeanor drunk driving), “stopped” him. He then summoned the assistance of a member of the highway patrol. Officer Byrd responded, arriving at the scene about 15 or 20 minutes after plaintiff had been “stopped” by the deputy *236sheriff. Prior to Officer Byrd’s…