Medina

Statement of the Case

Appellant was notified by respondent that his driving privileges were to be suspended for six months. The basis for the suspension was appellant’s refusal to submit to a chemical test pursuant to Vehicle Code section 13353 after he had been arrested for driving under the influence of alcohol in violation of Vehicle Code section 23152. Appellant requested an administrative hearing prior to the effective date of the suspension, and a hearing was held. The referee affirmed the suspension.

Appellant then filed a petition for writ of administrative mandamus in the superior court. After independently reviewing the administrative record, the superior court denied the writ. We reverse.

The administrative record shows the following facts. In the early hours of January 6, 1985, Tuolumne County Deputy Sheriff Karen Moser, patrolling Soulsbyville Road, overheard radio transmissions from a Sergeant Murphy, who was in pursuit of a motorcycle traveling in excess of 90 miles per hour. Moser then observed a motorcycle turn from Highway 108 onto Soulsbyville Road and pull to the side of the road; Moser executed a U-tum and stopped her car near where the motorcycle…