Legal Opinion
Webb v. Miller
California Court of Appeal
Decided December 1, 1986No. B005052PublishedCited by 36 opinions
1Opinion of the Court
Opinion
KLEIN, P. J.
Defendant and appellant Jack Miller, as Interim Director of the Department of Motor Vehicles (DMV) appeals a judgment granting Hal Jenkins Webb’s (Webb) petition for writ of mandate setting aside the suspension of Webb’s driver’s license.
Because Webb had no right to impose any conditions on his chemical testing, his conditional consent is tantamount to a refusal. The judgment is therefore reversed.
Factual and Procedural Background
On August 9, 1982, Webb, a 74-year old attorney, was stopped by California Highway Patrol (CHP) Officers Howe and Skipper for weaving and holding…
2Cases cited22 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Bixby v. PiernoCalifornia Supreme Court · 1971
- Moran v. Board of Medical ExaminersCalifornia Supreme Court · 1948
- Berlinghieri v. Department of Motor VehiclesCalifornia Supreme Court · 1983
- Finley v. OrrCalifornia Court of Appeal · 1968
17 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Department of Licensing v. LaxWashington Supreme Court · 1995
- Matter of SmithIdaho Court of Appeals · 1989
- State v. BernhardtNew Jersey Superior Court Appellate Division · 1991
- Espinoza v. ShiomotoCalifornia Court of Appeal · 2017
- Ellis v. PierceCalifornia Court of Appeal · 1991
31 more not listed; retrieve them via the Exa API.