Baker

The Director of the Department of Motor Vehicles (herein DMV), appeals from the judgment of the superior court granting George Clifford Baker’s (herein Baker) petition for alternative writ of mandamus requiring the DMV to set aside its order suspending Baker’s driver’s license.

Procedural Background and Facts

On January 10, 1999, at approximately 1:47 a.m., Baker was observed by Officer Mark Wilson of the Upland Police Department, driving his truck 60 miles per hour in a 40 miles per hour speed limit zone. “The truck swerved when turning [and] straddled the #1 [and] #2 lanes of Central in violation of Vehicle Code, section] 21658[, subdivision (a)].” After stopping Baker in his truck, Officer Wilson noticed objective symptoms of intoxication including bloodshot and watery eyes, the odor of an alcoholic beverage, an unsteady gait, slurred speech, impaired balance and coordination, and divided attention. Baker was placed under arrest at 2:09 a.m. He was issued a temporary driver’s license pursuant to Vehicle Code sections 13353 and 13353.2. According to the County of San Bernardino Sheriff’s Department Laboratory of Criminalistics, Blood Alcohol Report (herein BA Report),…