Rees

The Department of Motor Vehicles appeals from a judgment in a mandamus proceeding in effect setting aside its order suspending the driver’s license of Ernest Adron Rees for refusal to take the chemical test prescribed by Vehicle Code section 13353.

This is another in a series of cases involving the question whether a person who was arrested for driving while intoxicated, was advised by the arresting officer he had a right to be represented by an attorney at all stages of the proceeding and thereafter refused to submit to a chemical test to determine whether he was intoxicated until he had consulted his attorney, actually had refused to submit to the test within the meaning of Vehicle Code section 13353 or was exercising what he mistakenly believed to be his right to consult his attorney before taking the test.

Where, under the circumstances aforesaid, the arrested person was not advised his right to an attorney did not entitle him to consult an attorney before taking the test, and his refusal to take the test was the product of confusion and a mistaken belief he might refuse to do so until he had consulted an attorney, his refusal is not the refusal contemplated by…