Legal Opinion
Solovij v. Gourley
California Court of Appeal
Decided March 22, 2001No. B142024PublishedCited by 7 opinions
1Opinion of the Court
Opinion
GILBERT, P. J.
The Department of Motor Vehicles (DMV) suspended Irene Janina Solovij’s license for driving with 0.08 percent or more of alcohol in her blood. (Veh. Code, § 13353.2.) The administrative hearing officer considered both the officer’s sworn and unsworn report. The trial court granted Solovij’s petition for writ of mandate because there was no competent evidence in the sworn report to justify the initial stop and detention.
We conclude that without a sworn report containing competent evidence the officer’s unsworn report cannot supply the missing competent evidence. The…
2Cases cited5 opinions
- Fare v. Tony C.California Supreme Court · 1978
- Lake v. ReedCalifornia Supreme Court · 1997
- August v. Department of Motor VehiclesCalifornia Court of Appeal · 1968
- Santos v. Department of Motor VehiclesCalifornia Court of Appeal · 1992
- Downer v. BrametCalifornia Court of Appeal · 1984
3Cited by7 opinions
- MacDonald v. GutierrezCalifornia Supreme Court · 2004
- Morgenstern v. Department of Motor VehiclesCalifornia Court of Appeal · 2003
- Dibble v. GourleyCalifornia Court of Appeal · 2002
- Komizu v. GourelyCalifornia Court of Appeal · 2002
- Grundy v. GourleyCalifornia Court of Appeal · 2003
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