Legal Opinion
Berlinghieri v. Department of Motor Vehicles
California Supreme Court
Decided February 7, 1983No. S.F. 24450PublishedCited by 87 opinions
1Opinion of the Court
Opinion
RICHARDSON, J.
We establish herein that the “independent judgment” standard (see e.g., Bixby v. Pierno (1971) 4 Cal.3d 130, 143 [93 Cal.Rptr. 234, 481 P.2d 242]) should be used in the judicial review of administrative decisions of the Department of Motor Vehicles (DMV) which suspend a driver’s license under Vehicle Code section 13353 (the so-called “implied consent” law; further statutory references are to this code unless otherwise indicated).
On May 15, 1980, plaintiff, a driver/sales person for a business firm, was arrested in Sacramento County for driving under the influence of…
2Cases cited14 opinions
- Bell v. BursonSupreme Court of the United States · 1971
- United States v. Carolene Products Co.Supreme Court of the United States · 1938
- Bixby v. PiernoCalifornia Supreme Court · 1971
- Strumsky v. San Diego County Employees Retirement Assn.California Supreme Court · 1974
- Frink v. ProdCalifornia Supreme Court · 1982
9 more not listed; retrieve them via the Exa API.
3Cited by87 opinions
- Hughes v. Board of Architectural ExaminersCalifornia Court of Appeal · 1998
- MHC Operating Limited Partnership v. City of San JoseCalifornia Court of Appeal · 2003
- Kazensky v. City of MercedCalifornia Court of Appeal · 1998
- Whitesides v. State, Department of Public Safety, Division of Motor VehiclesAlaska Supreme Court · 2001
- City & County of San Francisco v. Fair Employment & Housing CommissionCalifornia Court of Appeal · 1987
82 more not listed; retrieve them via the Exa API.