ROZE v. DEPARTMENT OF MOTOR VEHICLES
Trial court order setting aside administrative suspension of driver's license of suspected drunk driver. Suspension was supported by substantial evidence where sole evidence of suspect's blood alcohol content came from preliminary alcohol screening test that was of questionable. Because the officer performed the test only nine minutes after suspect spit chewing gum from his mouth the reliability of the test is questionable. The officer explained he did not observe the suspect for the standard 15 minutes because he only considered the test a field sobriety test.
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