Patel

Filed 5/30/13 Patel v. Shiomoto CA1/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

CHIRAG B. PATEL,

Plaintiff and Respondent, v. JEAN SHIOMOTO, as CHIEF DEPUTY A136228 DIRECTOR, etc. (Alameda County Defendant and Appellant. Super. Ct. No. RG12616999)

On April 2, 2011, petitioner Chirag Patel, who was already on probation for reckless driving stemming from a prior drunk driving arrest, was again arrested for driving under the influence of alcohol. He submitted to a blood test, which showed a blood-alcohol content (BAC) of 0.13 percent. Following an administrative per se hearing, the Department of Motor Vehicles (DMV) suspended his driver’s license. Patel filed a petition for writ of mandate in the superior court to set aside…