Wendt v. Borucki
Mark Wendt appeals from denial of his petition for a writ of mandate to set aside the decision of the California Department of Motor Vehicles (the Department) suspending his driving privilege for one year. Appellant contends the Department failed to carry its burden of proof to establish by a preponderance of the evidence that he was driving with a blood alcohol concentration (BAC) of .08 percent or more because there were two equally valid chemical tests, one showing a BAC of .08 percent and one showing a BAC of .07 percent. Court find substantial evidence supports the trial court's decision and affirm.
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