MacDonald

Steven Gourley, director of the Department of Motor Vehicles (DMV) of the State of California and successor-in-office to DMV director Sally Reed, appeals a judgment granting a petition for writ of mandate. (Code Civ. Proc, § 1094.5.) The judgment overturns a decision of the DMV which suspended the driving privilege of Daniel L. MacDonald (MacDonald) for one year for driving with a blood alcohol concentration (BAC) of 0.08 percent or above. [1]

Vehicle Code section 13380 requires the arresting officer to set forth all information relevant to the enforcement action in a sworn report to the DMV. [2] The essential issue presented is whether, in reviewing the suspension, the DMV is limited to considering the information set forth in the arresting officer's sworn report.

After considering the statutory scheme and pertinent case law, we conclude the requirement that the arresting officer set forth all relevant information in a sworn report does not preclude the DMV from considering the arresting officer's unsworn report. It appears Solovij v. Gourley (2001) 87 Cal.App.4th 1229, 1234 , 105 Cal. Rptr.2d 278 , relied on by the trial court, was wrongly decided. The judgment is…