Farrington

This is an appeal by the Department of Motor Vehicles from a judgment granting petitioner James Farrington a peremptory writ of mandate compelling the vacation of the order suspending petitioner’s driver’s license.

The record reveals that there was filed with the Department of Motor Vehicles (Department) a sworn declaration by an arresting officer, under section 13353 of the Vehicle Code, setting forth that on March 5, 1967, petitioner Farrington had refused to take any of the three tests therein provided for, and that the other requirements of the statute had been met as the basis for an order suspending petitioner’s license for six months. On March 20, 1967, the Department suspended petitioner’s license for six months effective April 3,1967.

Petitioner thereafter made a timely request for an informal hearing and the order of suspension was stayed pending the hearing. The hearing was held on April 27, 1967, and on May 3, 1967, petitioner was advised that the Department had completed its review of the file and of the informal hearing and found that the suspension was proper. The stay order was vacated and the order suspending petitioner’s driving privilege became effective June…