Green v. Department of Motor Vehicles

Opinion

FLEMING, Acting P. J.

Appellant Department of Motor Vehicles appeals a judgment of the superior court granting respondent a writ of administrative mandate compelling appellant to reinstate respondent’s drivers license, which appellant had suspended pursuant to Vehicle Code section 13353, subdivision (b), following respondent’s arrest for drunk driving and refusal to submit to a chemical test of intoxication. Respondent prevailed below on the theory that her arrest was invalid; appellant contends here that as a matter of law the evidence shows either a valid citizen’s arrest or a police…