Petrus

Edmond Petrus appeals the trial court’s denial of his petition for writ of mandate seeking to set aside the suspension by the Department of Motor Vehicles (DMV) of his driving privileges. Petrus contends (1) he was deprived of due process because the DMV’s administrative hearing officer denied his request for a continuance; (2) the DMV’s administrative hearing officer erred by admitting hearsay evidence; and (3) there was no evidence to show Petrus’s blood test was timely taken. We conclude Petrus was deprived of due process and reverse.

FACTS

About 10:35 p.m. on September 16, 2009, Petrus drove his car into a restaurant parking lot. Off-duty California Highway Patrol Officer Mora was waiting for his car when he observed Petrus hit a parked car, back up, and almost hit the car again. Mora approached Petrus and saw that he had red, watery, and droopy eyes and smelled of an alcoholic beverage. Mora placed him under citizen’s arrest and detained him until deputy sheriffs arrived. Deputy Brenda Wiebe arrived and smelled the strong odor of an alcoholic beverage on Petrus and saw his red, watery, and droopy eyes and his slow, exaggerated movements. Wiebe arrested Petrus for…