California Court of Appeal

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BAKER v. GOURLEY, G028732

Circumstantial evidence, without a valid chemical test, is insufficient to establish intoxication and suspend a license under the DMV's "Admin Per Se" law, which operates in a summary fashion by suspending a driver's license for drunk driving before the benefit of a trial.

Appellate Information

  • Decided 05/31/2002
  • Published 05/31/2002

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  •  Law Offices of Barry Simons and Barry T. Simons, Laguna Beach, for Plaintiff and Appellant.

  • For Appellees:
  • Bill Lockyer, Attorney General, Laura Lee Gold, Dana T. Cartozian, Deputy Attorneys General, for Defendant and Respondent.
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