Scott

In the published portion of this opinion, we consider whether the principles of People v. Hitch (1974) 12 Cal.3d 641 [ 117 Cal.Rptr. 9 , 527 P.2d 361 ], and California v. Trombetta (1984) 467 U.S. 479 [ 81 L.Ed.2d 413 , 104 S.Ct. 2528 ], apply in administrative proceedings. We hold that they do. On the merits, however, we find no violation of those principles in this case.

Ronald E. Scott appeals from a judgment denying his petition for a peremptory writ of mandate to prevent the Department of Motor Vehicles from suspending his driver’s license pursuant to the implied consent law of Vehicle Code section 13353. Scott contends that the hearing officer committed reversible error by denying his motion to strike the arresting officer’s testimony of his refusal to complete the test because a tape recording of the officer’s admonitions and Scott’s response had been inadvertently erased. As we shall explain, such a drastic sanction was inappropriate in this case and consequently the hearing officer properly denied the motion to strike the officer’s testimony. In the unpublished portion of our opinion, we examine and reject Scott’s remaining contentions.

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