Jackson v. Shiomoto CA2/2

BACKGROUND

Jackson filed a petition for writ of mandate in September 2013, requesting that the trial court direct the DMV to stay and set aside its decision suspending his driving privilege, including his commercial driver’s license. Jackson attached the DMV’s August 2013 decision to his petition. That decision stated that in December 2012, Jackson was observed driving a motor vehicle 75 miles per hour in a 35 mile per hour zone while appearing to race another car. A police officer stopped Jackson’s vehicle. The officer observed Jackson to have bloodshot and watery eyes, an unsteady gait, and slurred speech, and the officer detected the odor of alcohol. Jackson was arrested under the charge of driving under the influence and was admonished that his driving privilege could be revoked if he failed to complete a chemical test to determine the alcohol content of his blood. According to Jackson, he provided a urine test, and the test results were negative for any illicit substances.1 According to the DMV’s decision, the arresting police officer testified that Jackson was offered a chemical test multiple times and Jackson refused. On that basis, the DMV hearing officer found that…