Legal Opinion

Hughey v. Department of Motor Vehicles

California Court of Appeal

Decided October 28, 1991No. C007191PublishedCited by 11 opinions

1Opinion of the Court

Opinion

CARR, J.

—Following an administrative hearing, the Department of Motor Vehicles (DMV) notified respondent Mark J. Hughey (Hughey) that his driver’s license was suspended for six months for his refusal to submit to a chemical test as required by law. (Veh. Code, § 13353.)1

Hughey then sought review of the order by petition to the superior court for a writ of administrative mandate (Code Civ. Proc., § 1094.5). The trial court ruled: “The court in exercising its independent judgment finds the preponderance of evidence does not support respondent’s [DMV’s] findings. The weight of the…

2Cases cited39 opinions

  1. South Dakota v. NevilleSupreme Court of the United States · 1983
  2. Merrill v. Department of Motor VehiclesCalifornia Supreme Court · 1969
  3. Mercer v. Department of Motor VehiclesCalifornia Supreme Court · 1991
  4. Berlinghieri v. Department of Motor VehiclesCalifornia Supreme Court · 1983
  5. Bush v. BrightCalifornia Court of Appeal · 1968

34 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Molenda v. Department of Motor VehiclesCalifornia Court of Appeal · 2009
  2. People v. MasonAppellate Division of the Superior Court of California · 2016
  3. People v. Arredondo, California Court of Appeal, 6th District2016
  4. Garcia v. Department of Motor VehiclesCalifornia Court of Appeal · 2010
  5. Pokrzywinski v. Director, North Dakota Department of TransportationNorth Dakota Supreme Court · 2014

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API