Shackelton

The Department of Motor Vehicles of the State of California appeals from a judgment of the Superior Court of Los Angeles County commanding the Department of Motor Vehicles to permanently vacate, annul and set aside an order of suspension of respondent’s (petitioner below) driver’s license.

The facts are as follows: The Department of Motor Vehicles of the State of California issued an order of suspension dated July 26, 1973, advising Jesse E. Shackelton (respondent) that it had received a peace officer’s sworn statement that he had been arrested on July 10, 1973, and that he had failed to submit to a chemical test after being requested by the peace officer to submit to said test pursuant to Vehicle Code section 13353, subdivision (b).

On August 3, 1973, respondent requested a formal hearing with regard to the suspension of his operator’s license.

On August 9, 1973, the Department of Motor Vehicles notified respondent that its order of suspension dated July 26, 1973, had been stayed until further notice.

On August 21, 1973, a formal hearing was held. The referee made the following findings: (a) respondent was lawfully arrested; (b) the peace officer had reasonable cause…