Read Rehman v. Dep't of Motor Vehicles, C060579

Trial court's denial of plaintiff's petition for a writ of mandate seeking an order directing the DMV to rescind its suspension of his driver's license is affirmed as Veh. Code section 13557(b)(2)(C)(i) is construed as including a provision that allows the DMV to sustain an order of suspension imposed under section 13353.2(a)(3) on a person for driving a vehicle that requires a commercial driver's license with a blood alcohol content of 0.04 percent or more where there is proof by a preponderance of the evidence that the person's blood alcohol content was 0.04 percent or more.

Appellate Information

• Decided 10/20/2009
• Published 10/20/2009

Judges

• ROBIE, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Walter S. Nomura, for Plaintiff and Appellant.


• For Appellees:
  
• Edmund G. Brown, Jr., Attorney General, Alicia M.B. Fowler, Senior Assistant Attorney General, David J. Neill, Supervising Deputy Attorney General, Julie L. Harlan, Deputy Attorney General, for Defendant and Respondent.