Furman v. Department of Motor Vehicles

Opinion

MESARA, J.

The superior court issued a writ of mandate directing appellant Department of Motor Vehicles (the DMV) to set aside its suspension of respondent John Paul Furman’s driving privilege and reinstate Furman’s driving privilege. The court found that the forensic alcohol analysis submitted by the DMV in support of the suspension was not sufficient competent evidence to support the suspension because it would not have been admissible over a hearsay objection in a civil action. The DMV appeals, claiming that the analysis would have qualified for admission in a civil action under…