Noli

Noli v. Department of Motor Vehicles

Good Law
125 Cal. App. 3d 446·178 Cal. Rptr. 5·1981 Cal. App. LEXIS 2331
Court of Appeal of CaliforniaOctober 15, 1981Civ. 6438California1,153 words

Opinion

Opinion

Following an administrative hearing, respondent Department of Motor Vehicles ordered appellant’s driver’s license suspended for six months pursuant to Vehicle Code section 13353, which provides for such suspension when a motorist lawfully arrested for driving under the influence of intoxicating liquor refuses to submit to one of three chemical tests for determining the alcoholic content of his blood. The present appeal is from a judgment of the superior court denying appellant’s petition for administrative mandamus to compel respondent to vacate the license suspension order.

Appellant was arrested in Merced County by California Highway Patrol officers in the evening of June 30, 1980, on suspicion of drunk driving (Veh. Code, § 23102, subd. (a)). The two officers took him to the Merced Community Medical Center (Medical Center). In the parking lot there, before they entered the building, one officer read the following statement to appellant from a Department of Motor Vehicles form: “You are required by state law to submit to a chemical test to determine the alcoholic content of your blood. You have a choice of whether the test is to be your blood, breath or urine. If you…

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