California Court of Appeal

In a case in which a driver tested above the legal limit for blood alcohol and had his driving privilege suspended by the DMV, the trial court's grant of a petition for a writ of mandate directing the DMV to reinstate the petitioner's driving privilege is reversed, where the blood alcohol testing instrument was not out of compliance with the regulation when the petitioner was tested, even though it may have been out of compliance with 17 Cal. Code Regs. section 1221.4(a)(2)(B) when it was next tested after use on the petitioner.

Appellate Information

• Decided 01/31/2012
• Published 01/31/2012

Judges

• Franson

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Scott H. Wyckoff