Cole v. Department of Motor Vehicles

Opinion

COMPTON, J.

This is an appeal from a judgment granting a peremptory writ of mandate directing appellant, the Department of Motor Vehicles, to vacate its action suspending respondent Lester Cole’s driving privilege for failure to submit to a blood, breath, or urine test as required by Vehicle Code section 13353, 1 the implied consent law. We reverse the judgment.

The undisputed facts presented at the departmental hearing concerning respondent’s conduct were provided by the testimony of the arresting officer, a member of the California Highway Patrol.

Respondent was lawfully arrested for…