Santos

The Department of Motor Vehicles (Department) appeals from a judgment granting a peremptory writ of administrative mandamus to set aside the suspension of respondent’s driving privilege. Appellant contends the trial court’s decision granting the writ and awarding respondent attorney fees was unsupported by the evidence.

Statement of the Case and Facts

At 11:23 p.m. on November 8, 1990, respondent Vivian Mary Santos was arrested by California Highway Patrol Officer M. Polanko for driving under the influence of alcohol and/or drugs (Veh. Code, § 23152, subd. (a)). According to the officer’s sworn statement, he observed respondent driving in the slow lane at speeds of 45 to 60 miles per hour, weaving within the lane, crossing into the adjacent lane several times and following a small sedan too closely. When stopped, respondent displayed bloodshot and watery eyes, unsteady gait, slurred speech and smelled of alcohol. Respondent was given an administrative per se order of suspension/revocation temporary license endorsement (suspension order) which informed her that her driving privilege would be suspended or revoked effective 45 days from her arrest and that she could…