Freitas v. Shiomoto
Annotate this CasePlaintiff challenges the trial court’s denial of his petition for a writ of mandate to overturn a hearing officer’s decision to suspend plaintiff's license after he violated Vehicle Code section 13353.2 by driving with a blood alcohol concentration (BAC) of 0.08 percent or more. In this case, the trial court's ruling was based on its rejection of the unrebutted testimony of plaintiff's expert, who opined that the blood testing procedure used to measure plaintiff's BAC was scientifically invalid. In Najera v. Shiomoto, which involved the same expert, the court held that the expert's testimony, that single-column gas chromatography was incapable of valid measurement of BAC, rebutted the presumption that the laboratory was using methodology “capable of the analysis of ethyl alcohol with a specificity which is adequate and appropriate for traffic law enforcement.” Accordingly, the court reversed the judgment.
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