Arburn v. DMV
Following an administrative hearing, appellant Department of Motor Vehicles (the DMV) suspended respondent Jeffrey J. Arburns driving privileges for one year for driving a motor vehicle while under the influence of alcohol. (See Veh. Code, 13353.2, 13353.3, subd. (b)(2).) The superior court granted Arburns subsequent petition and issued a writ of mandate directing the DMV to set aside the suspension. On appeal, the DMV contends the superior court erred in reversing Arburns suspension on the grounds that the arresting officer did not have reasonable suspicion to stop Arburns vehicle. Court agree and reverse.
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