Komizu

Komizu v. Gourely

Good Law
103 Cal. App. 4th 1001·127 Cal. Rptr. 2d 229·2002 Cal. App. LEXIS 5017·2002 Daily Journal DAR 13133·2002 Cal. Daily Op. Serv. 11305
Court of Appeal of CaliforniaOctober 25, 2002No. A097861California3,157 words

Opinion

lead Opinion

Kline, J.

Kenya Komizu (appellant) appeals after the trial court denied his petition for a writ of mandate challenging the suspension of his driver’s license by the Department of Motor Vehicles (DMV) for driving under the influence. He contends (1) the alcohol analysis report showing the amount of alcohol in his blood was erroneously admitted into evidence; (2) the arresting officer’s sworn statement did not contain all information necessary to the enforcement action; and (3) there was no proof that his blood was drawn within three hours of the accident. We shall affirm the judgment.

*1004 Factual and Procedural Background

At 11:57 p.m. on October 26, 2000, Officer Downs of the Burlingame Police Department received a call regarding a vehicle that had gone into the San Francisco Bay near Beach Road and Airport Boulevard. He arrived at that location approximately three minutes later and observed physical evidence showing that a collision had occurred on Airport Boulevard where the road turns sharply to the right. Downs observed a Toyota car located about 90 percent submerged in the bay, approximately 92 feet west of the point of impact.

Appellant was found approximately 100 yards…

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