Freitas

Freitas v. Shiomoto CA5

Good Law
2016 Cal. App. LEXIS 763·207 Cal. Rptr. 3d 575·3 Cal. App. 5th 294
Court of Appeal of CaliforniaAugust 24, 2016F071533California4,602 words

Opinion

Opinion

Smith, J.

The Department of Motor Vehicles (DMV) suspended Joseph Freitas’s driver’s license after it found he violated Vehicle Code section 13353.2 by driving with a blood-alcohol concentration (BAC) of 0.08 percent or more. The suspension was upheld after an administrative hearing. Freitas appeals from the trial court’s denial of his petition for a writ of mandate to overturn the hearing officer’s decision.

The trial court’s ruling was based on its rejection of the unrebutted testimony of Freitas’s expert, who opined that the blood-testing procedure used to measure Freitas’s BAC was scientifically invalid. The court’s conclusions on this point are inconsistent with our holding in Najera v. Shiomoto (2015) 241 Cal.App.4th 173 [ 193 Cal.Rptr.3d 596 ] (Najera). We will reverse the judgment.

FACTS AND PROCEDURAL HISTORY

According to the police report, Officer Bright of the Department of the California Highway Patrol saw Freitas’s truck speeding at 10:10 p.m. on July 13, 2013. The truck was weaving between lanes and moving at 65 miles per hour on a street with a 45-mile-per-hour speed limit. It continued after Bright turned on his siren and flashing lights. Instead of stopping, the…

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