Najera v. ShiomotoAnnotate this Case
The DMV appealed the superior court's grant of plaintiff's petition for a writ of mandate, overturning the suspension of his driver's license. The DMV suspended the license after finding that plaintiff had violated Vehicle Code section 13353.2 by driving with a blood alcohol concentration (BAC) of 0.08 percent or more. The superior court found that plaintiff's expert had successfully challenged the scientific validity of the blood test results on which the finding of a violation was based. The court affirmed the superior court's finding that plaintiff's uncontradicted evidence was convincing.