Hoberman-Kelly

George Valverde, the Director of the Department of Motor Vehicles (the department), appeals from the issuance of a writ of mandate setting aside the suspension of the driver’s license of Zoe Hei Rim Hoberman-Kelly for allegedly refusing to submit to a blood test to determine her blood-alcohol content. The interaction between Hoberman-Kelly and the officer who advised her of the obligation to submit to the test is recorded on a video that is part of the administrative record. After reviewing the video we have no doubt that substantial evidence supports the trial court’s finding that the officer’s reading of the necessary admonitions to Hoberman-Kelly was mechanical, with no attempt having been made to dispel her confusion as to the right to contact counsel, and that, in all events, Hoberman-Kelly “state[d] repeatedly that she would submit to a blood test.” We shall affirm the trial court’s order.

Background

Hoberman-Kelly was arrested in the early morning hours on July 30, 2010. California Highway Patrol Officer M. Perry and his partner responded to a call of a vehicle traveling westbound in the eastbound lanes on Sir Francis Drake Boulevard in Marin County. The officers…