Gourley

Respondent Michelle A. Grundy was arrested for driving under the influence (DUI) after she tried to drive her heavily damaged car away from the scene of a 2:00 a.m. single-car accident. Following an administrative hearing, the Department of Motor Vehicles (DMV) suspended Grundy’s driver’s license. (Veh. Code, § 13353.2, 13353.3, 13557.) Grundy petitioned for a writ of mandate to set aside the suspension. The trial court granted the writ after finding that the arresting officer’s sworn report did not contain sufficient facts to establish probable cause for Grundy’s arrest. The trial court also noted its belief that it was precluded by our opinion in Solovij v. Gourley (2001) 87 Cal.App.4th 1229 [ 105 Cal.Rptr.2d 278 ] (hereafter, Solovij) from considering the live testimony received at the DMV hearing or any other information contained in the administrative record. Steven Gourley, the director of the DMV, appeals. We reverse.

Facts

At about 2:00 a.m. on July 7, 2001, Ricardo Diaz was awakened by the sound of a car collision outside his house. From his window, Diaz watched a car with severe front end damage turn around in his driveway, drive a short distance and then…