California Court of Appeal

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Dyer v. DMV, C054971

In a DUI case wherein the trial court granted a petition for writ of administrative mandate to revoke a license suspension, the judgment is reversed and remanded where: 1) there was no evidentiary basis to support a finding that Vehicle Code section 40800 was violated; 2) even if there was, the fact that the detaining officer was driving an unmarked vehicle did not render the subsequent arrest unlawful; 3) Penal Code section 836 was not violated by the mere fact that a summoned officer making the arrest did not personally observe defendant's suspected drunk driving behavior; and 4) the trial court failed to conduct an independent review of whether sufficient evidence supported the DMV's factual findings that defendant operated over the BAC legal limit.

Appellate Information

  • Decided 05/22/2008
  • Published 05/22/2008

Judges

  • BUTZ, J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Edmund G. Brown, Jr., Attorney General, Jacob A. Appelsmith, Senior Assistant Attorney General, Vincent J. Scally, Jr., Supervising Deputy Attorney General, and Barbara A. Morris, Deputy Attorney General, for Defendant and Appellant., Barry W. Jones, Tahoe City, for Plaintiff and Respondent.
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