Corrigan
Corrigan v. Zolin
Opinion
Opinion
Parrilli, J.
Appellant Rosemarie McCarthy Corrigan’s driver’s license was suspended after she was arrested for driving under the influence of alcohol. She requested an administrative hearing before the Department of Motor Vehicles (the Department), and the hearing officer upheld the suspension. Appellant challenged the hearing officer’s decision by filing a petition in superior court for a writ of mandate, which was denied. On appeal, she argues (1) there was no corpus delicti for driving under the influence; (2) there was not reasonable cause to arrest her under Vehicle Code sections 40300.5 and 40300.6; and (3) the Department did not meet its burden of proving her blood-alcohol level was .08 percent or higher when she was driving. None of these contentions has merit. We affirm the denial of appellant’s writ petition.
Facts
On the evening of November 3, 1994, appellant was driving to her home in Kenwood from a real estate broker’s open house. She admitted drinking several glasses of wine at the open house. As she turned onto the street where she lived, a neighbor’s cat ran in front of her Jaguar. Appellant swerved and ran into a fire hydrant, causing extensive damage to the car.…