Janusch v. Department of Motor Vehicles

of Motor Vehicles from a judgment of the superior court granting Richard John Janusch’s (respondent) petition for writ of mandamus setting aside the department’s suspension of his driver’s license for refusal to submit to one of the sobriety tests required by Vehicle Code section 13353.

The basis of the trial court’s conclusion was the testimony that the officer, in warning respondent of the consequences of refusing a test, told him his license would probably be revoked rather than using the positive warning that it would be revoked, as stated in Vehicle Code section 13353.

The facts relating…