Gananian

Gananian v. Zolin

Good Law

1995 Cal. App. LEXIS 290·33 Cal. App. 4th 634·39 Cal. Rptr. 2d 384·95 Daily Journal DAR 3914·95 Cal. Daily Op. Serv. 2298

Court of Appeal of CaliforniaMarch 28, 1995A061141California3,926 words

Opinion

Chin, J.

Frank S. Zolin, as Director of the Department of Motor Vehicles (DMV), appeals from a judgment granting respondent Jeffrey Scott Gananian’s petition for writ of mandamus. The writ directs the DMV to set aside its suspension of Gananian’s driving privilege for driving with an illegal blood-alcohol concentration (BAC). The DMV contends that substantial evidence does not support the trial court’s decision. We agree. Therefore, we reverse.

Factual and Procedural Background

On the morning of October 10, 1992, California Highway Patrol Officer Jeffrey T. Cobb arrested Gananian for driving under the influence of alcohol in violation of Vehicle Code section 23152. Cobb then administered two breath tests to determine Gananian’s BAC. The first test showed a BAC of 0.14 percent, and the second showed a BAC of 0.13 percent. Based on these results and pursuant to section 13353.2, Cobb issued an administrative per se order suspending Gananian’s driving privilege, effective 45 days from the date of the order.

Gananian requested a formal administrative hearing to review the suspension. At the hearing, the DMV relied exclusively on documentary evidence to support the suspension,…

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