Fail v. Department of Motor Vehicles CA4
After being arrested for driving under the influence and driving with a blood alcohol content of .08 percent or more (Veh. Code, § 23152, subds. (a), (b)), James C. Fail filed a petition for writ of mandate in the trial court seeking to overturn the suspension of his driver’s license by the Department of Motor Vehicles (Department). The trial court denied the petition, ruling that the Department properly suspended Fail’s driver’s license pursuant to the administrative per se law (§ 13353.2 et seq.). On appeal, Fail claims that there is “no substantial, competent evidence to support the necessary facts for a suspension.” (Boldface & capitalization omitted.) We affirm the judgment.
Comments on Fail v. Department of Motor Vehicles CA4