Morgenstern v. Department of Motor Vehicles

Opinion

McINTYRE, J.

The Department of Motor Vehicles (the DMV) suspended Darrell Morgenstern’s license to drive following his arrest for driving under the influence of alcohol (DUI) based on results of a breath test showing that his blood-alcohol concentration (BAG) was in excess of the legal limit. The superior court granted Morgenstern’s petition for writ of administrative mandamus and ordered the DMV to set aside its suspension order because the arresting officer failed to sign the portion of the sworn arrest report certifying that he obtained Morgenstern’s breath test samples in the…