Zapata

The Department of Motor Vehicles (DMV) appeals a superior court judgment issuing a writ directing DMV to vacate its order revoking respondent’s driving privilege for a period of three years. We affirm.

Facts

Respondent Carlos Villa Zapata was arrested for driving under the influence of alcohol on January 19, 1990. He was charged by criminal complaint filed in the San Francisco Municipal Court with a violation of Vehicle Code section 23152, subdivision (a), and it was also alleged that he refused to complete a chemical test pursuant to section 23159, subdivision (b). Respondent moved to suppress evidence pursuant to Penal Code section 1538.5. Evidence was taken and argument heard. In its written order entitled “Finding of Fact and Order Suppressing Evidence After Hearing on § 1538.5 PC Motion,” the municipal court concluded that the activity of the police “constituted an arrest of the Defendant without probable cause.” The municipal court ordered suppressed all observations made by the arresting police officers, any statements made by the respondent, and any evidence concerning respondent’s refusal to submit to chemical testing. At the hearing on the motion to suppress,…