Pyburn v. Zolin

Opinion

COTTLE, P. J.

The Department of Motor Vehicles (DMV) appeals from a judgment granting William Pybum’s petition for a writ of mandate and ordering DMV to reinstate Pybum’s driving privilege. For reasons we shall explain, we reverse the judgment.

Facts

On October 11, 1991, Pybum was involved in an accident that caused bodily injury. A peace officer investigating the accident believed Pybum was driving under the influence of alcohol and asked him to submit to a chemical test. Pybum refused. As a consequence, DMV suspended his license pursuant to the state’s “implied consent” law, 1 from…