Howe v. DMV
James Robert Howe appeals from the judgment of the trial court denying his petition for writ of administrative mandate that challenged the one-year suspension of his driving privilege imposed by the California Department of Motor Vehicles (the Department). The suspension was occasioned by a determination that on August 21, 2005, Howe had a blood alcohol content (BAC) exceeding the legal limit of .08 percent while driving a motor vehicle. (Veh. Code, 13559.) Howe contends that he carried his burden at the administrative hearing to rebut the presumption that his BAC was over the legal limit. (Veh. Code, 23521, subd. (b).) Court disagree and affirm the judgment.
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