Jackson v. Department of Motor Vehicles

Good Law
1994 Cal. App. LEXIS 119·22 Cal. App. 4th 730·27 Cal. Rptr. 2d 712·94 Daily Journal DAR 1946·94 Cal. Daily Op. Serv. 1134
Court of Appeal of CaliforniaFebruary 15, 1994D018039California3,952 words

Opinion

Opinion

Kremer, J.

—Plaintiff Travis Edwin Jackson appeals a judgment denying his petition for administrative mandate against the Department of Motor Vehicles (DMV). Jackson attacks the judgment as without substantial evidentiary support. We affirm.

I

Introduction

The DMV suspended Jackson’s driver’s license for driving under the influence of alcohol. Jackson lost at an administrative hearing. He also unsuccessfully sought mandate in the superior court. Jackson now appeals, contending the DMV did not present substantial evidence he (1) was driving or in control of the vehicle or (2) had .08 percent or more by weight of alcohol in his blood. We affirm the judgment denying mandate.

II

Facts

At 12:57 a.m. on February 28, 1992, California Highway Patrol Officer Reyes received a radio call about a traffic accident. At 1 a.m. Reyes arrived at the accident scene. Jackson’s vehicle had been hit from the rear while stopped for a traffic light. The other driver fled. After apprehending the other driver at 1:18 a.m., Reyes noticed Jackson’s symptoms of intoxication including bloodshot watery eyes, slurred speech, odor of alcohol and unsteady gait. Responding to questioning, Jackson told Reyes he…

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