Cantrell

Cantrell v. Zolin

Good Law
1994 Cal. App. LEXIS 224·23 Cal. App. 4th 128·28 Cal. Rptr. 2d 238·94 Daily Journal DAR 3255·94 Cal. Daily Op. Serv. 1867
Court of Appeal of CaliforniaMarch 10, 1994C015322California1,854 words

Opinion

Opinion

Puglia, J.

After an administrative hearing (Veh. Code, § 13558), the Department of Motor Vehicles (Department) suspended plaintiff’s driver’s license for one year. The hearing officer found, among other things, that the arresting officer had reasonable cause to believe plaintiff had been driving a motor vehicle while he was under the influence of an intoxicant. Plaintiff petitioned the superior court for review of the Department’s order of suspension. (Veh. Code, § 13559; all further statutory references to sections of an undesignated code are to the Vehicle Code.) Exercising its independent judgment, the superior court found the weight of the evidence supports the hearing officer’s findings and denied the petition. Plaintiff appeals.

On appeal, plaintiff challenges the superior court’s finding that the weight of the evidence establishes the officer had reasonable cause to believe plaintiff had been driving a vehicle while under the influence of an intoxicant. He contends the finding is not supported by substantial evidence in the administrative record. We reject the contention and affirm the judgment. (See Coombs v. Pierce (1991) 1 Cal.App.4th 568, 575-576 [ 2 Cal.Rptr.2d 249…

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