California Court of Appeal
Brenner v. Dep't of Motor Vehicles, A126745
In plaintiff's petition for writ of administrative mandate seeking to set aside the Department of Motor Vehicle's (DMV) decision to suspend his license, trial court's determination that the DMV failed to meet its burden of proving plaintiff was driving with a blood alcohol content of .08 or more when plaintiff was stopped by law enforcement officers is affirmed as plaintiff rebutted the DMV's prima facie showing with evidence that the recorded test results were inaccurate and the DMV failed to prove by a preponderance of evidence that the test results were reliable.
Appellate Information
- Decided 10/18/2010
- Published 10/18/2010
Judges
- Siggins
Court
- California Court of Appeal
Counsel
- For Appellant:
- Edmund G. Brown , Jr., James E. Dunn