Monaghan

Monaghan v. Department of Motor Vehicles

Good Law
1995 Cal. App. LEXIS 575·35 Cal. App. 4th 1621·42 Cal. Rptr. 2d 167·95 Daily Journal DAR 8312·95 Cal. Daily Op. Serv. 4863
Court of Appeal of CaliforniaJune 23, 1995A066184California2,881 words

Opinion

Opinion

Chin, J.

The Department of Motor Vehicles (DMV) appeals from a judgment granting respondent Edward Donald Monaghan, Jr.’s, petition for writ of mandate, which sought to set aside the suspension of Monaghan’s driving privilege for driving with an illegal blood-alcohol concentration (BAG). The judgment grants the writ without prejudice to the DMV’s holding of an administrative hearing to review the suspension, but directs the DMV to produce for cross-examination at such a hearing the analyst who tested Monaghan’s blood to determine its BAG. The DMV contends that the court erred in finding that the DMV improperly failed to produce the analyst at the hearing. We agree. Therefore, we reverse.

Factual and Procedural Background

On November 17, 1993, at 2:05 a.m., Officer K. Wright of the Fremont Police Department arrested Monaghan for driving under the influence of alcohol (Veh. Code, § 23152, subd. (a)). According to the sworn report he submitted pursuant to section 23158.2, Wright stopped Monaghan at 1:58 a.m. on the 17th after observing him “driving in excess of 50 MPH in a posted 35 MPH zone, at night with no lights on.” After the stop, Wright observed that Monaghan smelled of…

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