Carrey v. Department of Motor Vehicles

Opinion

ROTH, P. J.

The Department of Motor Vehicles (DMV) appeals from a superior court judgment granting a peremptory writ of mandate, setting aside the department’s six-month suspension of Jean Carrey’s driving privilege pursuant to Vehicle Code section 13353. The principal issue on appeal is whether Carrey’s statement that he would not sign the hospital “consent to blood test” form constitutes a refusal to submit to a chemical test for intoxication. Finding that it does, we reverse the trial court’s judgment.

In the afternoon of October 21, 1984, Torrance Police Officers Hill and Kerber…