Agresti
Agresti v. Department of Motor Vehicles
Opinion
Opinion
Acting, J.
The Case
Appellant, Department of Motor Vehicles (Department) appeals from a judgment of the superior court granting the petition for writ of mandate of respondent, Richard John Agresti. The judgment directs the Department to set aside its order suspending Agresti’s driving privilege.
Background
A vehicle occupied by Agresti and two friends became stuck in the dirt on August 26, 1990. The parties disagree about which of the three men was driving at the time. While the men were waiting for help to free the truck, Patrolman Lawson of the California Highway Patrol arrived at the scene in response to a report of an accident. Lawson observed that Agresti appeared to be intoxicated. After administering field sobriety tests, the officer arrested Agresti for driving under the influence. A blood test made shortly afterward indicated Agresti had a blood-alcohol level of 0.09 percent.
Patrolman Lawson also issued an “Administrative Per Se Order of Suspension” pursuant to sections 13353.2 and 13353.3 of the Vehicle Code ordering suspension of Agresti’s driving privilege after 45 days.
A criminal complaint in the municipal court charged Agresti with violation of section 23152,…