California Court of Appeal

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Austin v. Valverde, B237968

Trial court's dismissal of plaintiff's petition for a writ of mandate ordering the director of the Department of Motor Vehicles (DMV) to set aside DMV's suspension of his driver's license for refusing to submit to a chemical test of his blood alcohol concentration, is vacated and remanded where the agency's duty to prepare the administrative record under Government Code section 11523 at its own expense for an indigent petitioner encompasses the duty to provide a copy of the transcript to the indigent petitioner under Code of Civil Procedure section 1094.5.

Appellate Information

  • Decided 11/30/2012
  • Published 11/30/2012

Judges

  • Rubin

Court

  • California Court of Appeal

Counsel