Eberle v. DMV
The Department of Motor Vehicles (the Department) appeals a judgment granting a petition for writ of mandate brought by petitioner Michael Louis Eberle, setting aside an administrative suspension of his driving privileges. (Veh. Code, 13353; all further statutory references are to this code unless noted.) Using its independent judgment, and taking into account the policies behind the implied consent law, the superior court analyzed the record and concluded that under the circumstances of this particular case, Eberle had not refused to comply with chemical test procedures and therefore the suspension should be set aside. (Code Civ. Proc., 1094.5.)
Court conclude the trial court's decision to grant the petition was based on substantial evidence, and the judgment affirmed.
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