Legal Opinion

Coniglio v. Department of Motor Vehicles

California Court of Appeal

Decided October 25, 1995No. H013273PublishedCited by 13 opinions

1Opinion of the Court

Opinion

ELIA, J.

The trial court granted a writ of mandate directing the Department of Motor Vehicles (DMV) to reinstate respondent Alyson C. Coniglio’s driving privileges following her violation of Vehicle Code section 23136 et seq., the zero tolerance law. The trial court decided that the preliminary alcohol screening (PAS) device used to test respondent did not meet the breath-alcohol analysis standards set forth in title 17 of the California Code of Regulations. The trial court also found that the DMV did not prove the PAS device was otherwise reliable.

We conclude that the breath-alcohol…

2Cases cited21 opinions

  1. People v. OverstreetCalifornia Supreme Court · 1986
  2. Common Cause v. Board of SupervisorsCalifornia Supreme Court · 1989
  3. Gikas v. ZolinCalifornia Supreme Court · 1993
  4. Yakov v. Board of Medical ExaminersCalifornia Supreme Court · 1968
  5. In Re Malinda S.California Supreme Court · 1990

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

3Cited by13 opinions

  1. In Re JenningsCalifornia Supreme Court · 2004
  2. McClure v. ConocoPhillips Co.Supreme Court of Oklahoma · 2006
  3. Molenda v. Department of Motor VehiclesCalifornia Court of Appeal · 2009
  4. People v. WilliamsCalifornia Supreme Court · 2002
  5. People v. BuryCalifornia Court of Appeal · 1996

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

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