Maxsted v. Department of Motor Vehicles

Opinion

THOMPSON, J.

This is an appeal from a judgment granting a peremptory writ of mandate directing appellant to vacate its action suspending respondent’s driver’s license for failure to submit to a blood, breath, or urine test as required by the implied consent law of the State of California (Veh. Code, § 13353). We reverse the judgment and direct that the trial court deny the writ.

Facts

Read in the light most favorable to the findings of fact of the trial court, the record reveals the following. On July 10, 1969, respondent was lawfully arrested by police officers of the City of Long Beach…