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Legal Opinion

Lofthouse v. Department of Motor Vehicles

California Court of Appeal

Decided October 19, 1981No. Civ. 62478PublishedCited by 21 opinions

1Opinion of the Court

Opinion

COMPTON, J.

The Department of Motor Vehicles (DMV) after a formal evidentiary hearing, and pursuant to Vehicle Code section 13353, suspended James Lofthouse’s (respondent) driver’s license for six months as a result of his refusal to submit to a blood alcohol test after his arrest for violating Vehicle Code section 23102, subdivision (a).

Respondent successfully petitioned the superior court for a writ of mandate commanding the DMV to vacate the suspension. The DMV has appealed and we reverse.

The trial court’s judgment granting the petition for mandate was grounded solely on the…

2Cases cited18 opinions

  1. Frisbie v. CollinsSupreme Court of the United States · 1952
  2. Bernhard v. Bank of America National Trust & Saving AssociationCalifornia Supreme Court · 1942
  3. Ker v. IllinoisSupreme Court of the United States · 1886
  4. Clemmer v. Hartford Insurance Co.California Supreme Court · 1978
  5. In Re CoughlinCalifornia Supreme Court · 1976

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

3Cited by21 opinions

  1. Gikas v. ZolinCalifornia Supreme Court · 1993
  2. Johnson v. LewisCalifornia Court of Appeal · 2004
  3. Agresti v. Department of Motor VehiclesCalifornia Court of Appeal · 1992
  4. Buttimer v. AlexisCalifornia Court of Appeal · 1983
  5. State v. StevensConnecticut Appellate Court · 1992

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

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