Petricka
Petricka v. Department of Motor Vehicles
Opinion
Opinion
Marchiano, J.
Respondent James A. Petricka was arrested for driving under the influence of alcohol (Veh. Code, § 23152). A chemical test of his blood revealed a blood-alcohol level of .15 percent. Appellant Department of Motor Vehicles (DMV) suspended Petricka’s driver’s license after an administrative hearing. Petricka sought judicial review of the suspension by a petition for writ of mandate, in which he argued that the DMV had failed to prove that his blood sample had been properly collected according to applicable law. The DMV argued that the presumption of Evidence Code section 664, that an “official duty has been regularly performed,” combined with other evidence provided sufficient evidence that Petricka’s blood was properly collected. The superior court rejected that argument and granted the writ. The DMV argues that the trial court erred. We agree and reverse because the evidence supports the conclusion that the officer carried out his official duty to comply with the applicable Vehicle Code sections which required him to obtain an accurate blood-alcohol result for evidentiary use at the hearing.
I. Facts
The facts are taken from the record of the administrative hearing.