Cook v. Dept. of Motor Vehicles CA4/1
Robert G. Cook appeals from the judgment denying his petition for writ of mandate, in which he sought an order requiring the California Department of Motor Vehicles (the DMV) to vacate and set aside its order suspending Cook’s driver’s license after Cook refused to submit to a chemical test to determine his blood-alcohol level. Cook contends that the hearing officer’s decision confirming the license suspension must be set aside because the hearing officer improperly relied on hearsay evidence to support a finding that the arresting officer had reasonable cause to suspect that Cook had unlawfully driven a vehicle under the influence of alcohol in violation of Vehicle Code section 23152, subdivision (a).
We conclude that the hearing officer relied on admissible evidence in finding that the arresting officer had reasonable cause to suspect that Cook had driven under the influence of alcohol. Accordingly, we affirm the judgment.
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