 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Spurlock v. Department of Motor Vehicles10/31/1969
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO
Civ. No. 9207
1969.CA.40243 ; 1 Cal. App. 3d 821; 82 Cal. Rptr. 42
October 31, 1969
DONNA LARUE SPURLOCK, PLAINTIFF AND APPELLANT,
v.
DEPARTMENT OF MOTOR VEHICLES, DEFENDANT AND RESPONDENT
Superior Court of San Bernardino County, A. D. Mitchell, Judge.
Tomlinson & Taves and John T. Tomlinson, Jr., for Plaintiff and Appellant.
Thomas C. Lynch, Attorney General, Lynn Henry Johnson and David W. Halpin, Deputy Attorneys General, for Defendant and Respondent.
Opinion by Tamura, J., with Kerrigan, Acting P. J., and Hilliard, J. pro tem., concurring.
Tamura
Petitioner was charged with violations of Vehicle Code, sections 20002 (failure of driver of vehicle involved in accident to stop to identify himself and ascertain the owner of the damaged property), and 23102 (misdemeanor drunk driving ), as the result of incidents occurring on the night of August 13, 1967. Petitioner pleaded guilty to the section 20002 violation, and the charges relative to section 23102 were dismissed.
Subsequently, petitioner was notified that, pursuant to Vehicle Code, section 13353, subdivision (b), her privilege to operate a motor vehicle on the highways of the state was to be suspended for a period of six months. Petitioner requested an informal hearing (see Veh. Code, §§ 13353, subd. (c) and 14104), and the order of suspension was temporarily stayed.
A referee appointed by the Director of the Department of Motor Vehicles held a hearing at which petitioner was represented. The referee found the suspension order "proper and required;" the department again ordered the petitioner's license suspended for six months.
Petitioner sought a writ of mandate from the superior court and obtained a stay of the suspension pending hearing on the petition. After a hearing, the court upheld the department's findings, discharged the alternative writ, denied the petition for a peremptory writ of mandate, and entered judgment. Petitioner appeals from the judgment. The order suspending petitioner's driver's license has been stayed pending determination of the appeal.
At the hearing conducted by the department, testimony was given by two witnesses, the arresting officer, John W. Fletcher of the Chino Police Department, and the petitioner.
Officer Fletcher testified that while on patrol in the early morning hours of August 13, 1967, he received a radio report from one Officer Moreno notifying him of an accident which had recently occurred at the corner of
Riverside Drive and Central Avenue. The report stated that a white car had run into a light signal pole at that location and driven away without stopping. Fletcher proceeded toward the scene of the reported accident. As the officer reached the intersection of Walnut Street and Central Avenue (which is approximately three-quarters of a mile from the scene of the reported accident), he observed a white automobile turning from Walnut into Central. He noted that the front end of the car had been damaged. The car properly negotiated the turn and continued along Central Avenue. Officer Fletcher followed the car for approximately one-quarter of a mile; during this time he noted no erratic behavior. Then he turned on his light. At
Page 1 2 3 4 5 6 California DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|