Romane

Filed 4/23/

CERTIFIED FOR PUBLICATION

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

ANTHONY FRANK ROMANE, JR., D083569

Plaintiff and Respondent,

v. (Super. Ct. No. 37-2023-00017624-

CU-WM-CTL)

DEPARTMENT OF MOTOR

VEHICLES,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Carolyn M. Caietti, Judge. Request for judicial notice denied. Reversed. Rob Bonta, Attorney General, Chris A. Knudsen, Assistant Attorney General, Alice Quinton, Rima Sawhney and Rebecca O’Grady, Deputy Attorneys General, for Defendant and Appellant. Middlebrook & Associates, Richard O. Middlebrook and Gabrielle A. Burnett, for Plaintiff and Respondent. Under California’s implied consent law, any person who drives a motor vehicle is deemed to have consented to chemical testing of their blood or breath for the purpose of determining their blood alcohol content if they are lawfully arrested for driving under the influence. (Troppman v. Valverde

(2007) 40 Cal.4th 1121, 1129–1130; see Veh. Code,1 §§ 23612, subd. (a)(1)(A), 23152.) If a driver refuses to submit to or complete chemical…