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Legal Opinion

McKinney v. Department of Motor Vehicles

California Court of Appeal

Decided April 10, 1992No. A052875PublishedCited by 30 opinions

1Opinion of the Court

Opinion

SMITH, J.

Pursuant to California’s new “Administrative Per Se” law (Veh. Code, § 13353.2 et seq.), the Department of Motor Vehicles (DMV) suspended the driver’s license of Thomas Kevin McKinney for one year upon a determination that he was arrested for operating a motor vehicle under the influence of alcohol and that he was driving with a blood-alcohol level of .08 percent or more. After an administrative hearing, the hearing officer sustained the suspension.

McKinney petitioned for a writ of mandate in superior court. The court granted the writ on the basis that there was no evidence at…

2Cases cited15 opinions

  1. Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
  2. People v. KellyCalifornia Supreme Court · 1976
  3. Burg v. Municipal CourtCalifornia Supreme Court · 1983
  4. People v. SudduthCalifornia Supreme Court · 1966
  5. Kendall v. Ernest Pestana, Inc.California Supreme Court · 1985

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3Cited by30 opinions

  1. Lake v. ReedCalifornia Supreme Court · 1997
  2. Bell v. Department of Motor VehiclesCalifornia Court of Appeal · 1992
  3. Santos v. Department of Motor VehiclesCalifornia Court of Appeal · 1992
  4. Coffey v. ShiomotoCalifornia Supreme Court · 2015
  5. Jackson v. Department of Motor VehiclesCalifornia Court of Appeal · 1994

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

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