Legal Opinion
Najera v. Shiomoto
California Court of Appeal
Decided October 13, 2015No. F069387PublishedCited by 4 opinions
1Opinion of the Court
Opinion
SMITH, J.
The Department of Motor Vehicles (DMV) suspended Jose Najera’s driver’s license after it found he violated Vehicle Code section 13353.2 1 by driving with a blood-alcohol concentration (BAC) of 0.08 percent or more. The suspension was upheld after an administrative hearing. The superior court, however, granted Najera’s petition for a writ of mandate, overturning the suspension. The court found that Najera’s expert had successfully challenged the scientific validity of the blood test results on which the finding of a violation was based. The DMV now argues that the court erred.…
2Cases cited7 opinions
- Lake v. ReedCalifornia Supreme Court · 1997
- Manriquez v. GourleyCalifornia Court of Appeal · 2003
- Imachi v. Department of Motor VehiclesCalifornia Court of Appeal · 1992
- Gananian v. ZolinCalifornia Court of Appeal · 1995
- People v. VangelderCalifornia Supreme Court · 2013
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Delgado v. Cal. Dept. Motor VehiclesCalifornia Court of Appeal · 2020
- Freitas v. ShiomotoCalifornia Court of Appeal · 2016
- Gerwig v. GordonCalifornia Court of Appeal · 2021
- Myers v. Dept. of Motor VehiclesCalifornia Court of Appeal · 2026