Finley

Petitioner Finley appeals from a judgment denying his petition for a writ of mandate compelling the respondent Director of the Department of Motor Vehicles to set aside the department’s decision suspending petitioner’s driving privilege for six months.

Appellant contends that (1) his privilege against self-incrimination was violated, at the department hearing, by receiving evidence of his refusal to submit to a chemical test of his blood, breath, or urine (Veh. Code, §13353); (2) he "was denied his right to have counsel present when he was called upon, while in custody of the police, to decide whether he would submit, or refuse to submit, to one of the tests; (3) he was denied due process of law in that the judicial function of determining reasonable cause for his arrest was delegated (by provision of Veh. Code, § 13353) to the department; (4) the procedure followed by the department denied him due process of law in that he did not have a fair hearing before an impartial tribunal; and (5) the findings (by department and by superior court) are not supported by substantial evidence.

On February 4, 1967, about 10:25 p.m., Officer Bwen saw petitioner driving an automobile near an…