California Court of Appeal

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Garcia v. Dep't of Motor Vehicles, A126130

In plaintiff's petition for writ of administrative mandamus, seeking an order directing the DMV to set aside the suspension of his driving privileges, trial court's denial of the petition is affirmed as the trial court did not err in concluding that plaintiff's change of mind regarding a blood test and his eventual consensual submission to such a test did not obviate the consequences of defendant's initial refusal and failure to complete the breath test.

Appellate Information

  • Decided 05/28/2010
  • Published 05/28/2010

Judges

  • BRUINIERS, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Joseph Morehead for Plaintiff and Appellant.

  • For Appellees:
  • Edmund G. Brown, Jr., Attorney General, William T. Darden and Jennifer G. Perkell, Deputy Attorneys General, for Defendant and Respondent.
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