Robertson
Robertson v. Zolin
Opinion
Opinion
Sonenshine, J.
The Department of Motor Vehicles (DMV) appeals a judgment granting a petition for a writ of mandate ordering it to revoke its suspension of Michael David Robertson’s license for driving while intoxicated. We affirm.
I
On April 12, 1993, at 1:20 a.m., Irvine Police Officer J. M. Gunderson stopped Robertson for driving his truck “against a red light.” Gunderson noticed Robertson’s eyes were bloodshot and he smelled of alcohol beverages. After testing his coordination skills, Gunderson arrested Robertson and administered a breath test.
The first test was given at 2:19 a.m. and showed Robertson’s blood-alcohol content (BAG) was .18 percent. However, the second test, given a minute later, registered “.XX.” At 2:22 a.m., a third test was given, producing another reading of .18 percent. At that point, Gunderson confiscated Robertson’s license and issued him a temporary driving permit.
At the administrative review hearing, the DMV submitted, inter alia, Gunderson’s sworn statement, which included the breath test results. In turn, Robertson introduced a computer-generated document entitled “ADAMS Inquiry,” reflecting various information about the tests. The document also…