Miller v. Department of Motor Vehicles CA1/4
Nicholas David Miller was arrested for driving under the influence (Veh. Code, § 23152, subd. (a)) and his driving privilege was suspended by the Department of Motor Vehicles (DMV) following an administrative per se hearing, at which the hearing officer found Miller’s arrest was lawful. Miller appeals from a judgment denying his petition for writ of mandate to set aside the suspension of his driver’s license. Miller contends that the suspension should be set aside because he was unlawfully arrested. We agree that Miller’s arrest was unlawful and that the DMV could not therefore suspend his license. Accordingly, we reverse the judgment.
Comments on Miller v. Department of Motor Vehicles CA1/4