Mueller

The motor vehicle driver’s license of the instant plaintiff and respondent, Charles D. Mueller, had been ordered suspended for six months by the Motor Vehicle Department (Department), for his refusal to take a blood alcohol test as a suspected drunken driver. (See Veh. Code, § 13353.) He applied for a writ of mandate in the superior court, seeking to set aside the Department’s order. The writ was granted, and the Department appeals from the judgment granting it.

Upon the superior court proceedings, the court properly exercised its “independent judgment” on the Department’s administrative record. (See Berlinghieri v. Department of Motor Vehicles (1983) 33 Cal.3d 392 [ 188 Cal.Rptr. 891 , 657 P.2d 383 ], passim.)

*684 An essential condition to the application of Vehicle Code section 13353 is that the suspect be lawfully arrested on probable cause to believe that he was driving a motor vehicle under the influence of an alcoholic beverage. (See § 13353, subd. (a)(2).)

The principal issue of the superior court mandate proceedings was whether there was substantial evidence that Mueller was the driver of one of the colliding vehicles at the time of the accident.

As here…

The motor vehicle driver's license of the instant plaintiff and respondent, Charles D. Mueller, had been ordered suspended for six months by the Motor Vehicle Department (Department), for his refusal to take a blood alcohol test as a suspected drunken driver. (See Veh. Code, § 13353.) He applied for a writ of mandate in the superior court, seeking to set aside the Department's order. The writ was granted, and the Department appeals from the judgment granting it.

(1) Upon the superior court proceedings, the court properly exercised its "independent judgment" on the Department's administrative record. (See Berlinghieri v. Department of Motor Vehicles (1983) 33 Cal.3d 392 [ 188 Cal. Rptr. 891 , 657 P.2d 383 ], passim. )

(2) An essential condition to the application of Vehicle Code section 13353 is that the suspect be lawfully arrested on probable cause to believe that he was driving a motor vehicle under the influence of an alcoholic beverage. (See § 13353, subd. (a)(2).)

The principal issue of the superior court mandate proceedings was whether there was substantial evidence that Mueller was the driver of one of the colliding vehicles at the time of the…