McNabb

The Department of Motor Vehicles (DMV), pursuant to Vehicle Code section 13353.2, issued an order suspending the driver’s license of Glen McNabb on the grounds that he had driven with a blood-alcohol concentration greater than .08 percent. McNabb challenged the order at a DMV administrative hearing. The hearing officer determined that the evidence supported the order and upheld the suspension. McNabb thereafter petitioned the superior court for a writ of mandate directing the DMV to set aside its order. The writ was granted, and DMV appeals. We will reverse and remand.

Factual and Procedural Background

At the administrative hearing, the hearing officer received into evidence several documents, including the following:

At the hearing, Officer Reece testified to the following: on September 13, 1991, he and his partner received “a call of an accident . . . .” When the officers arrived at the scene at 11:25 p.m., “[I]t was a big mess .... There were a lot of drunk people running around . . . .” The officers saw “two cars sitting in the street and both had accident damage to them and . . . Mr. McNabb’s pickup, sitting in his driveway. A couple of witnesses came over and…