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Lofthouse v. Department of Motor Vehicles10/19/1981
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO
Civ. No. 62478
1981.CA.40242 ; 177 Cal. Rptr. 601; 124 Cal. App. 3d 730
October 19, 1981
JAMES LOFTHOUSE, PLAINTIFF AND RESPONDENT,
v.
DEPARTMENT OF MOTOR VEHICLES, DEFENDANT AND APPELLANT
Superior Court of Los Angeles County, No. SWC 54310, Abraham Gorenfeld, Temporary Judge.
George Deukmejian, Attorney General, and Marilyn K. Mayer, Deputy Attorney General, for Defendant and Appellant.
Benjamin P. Wasserman for Plaintiff and Respondent.
Opinion by Compton, J., with Roth, P. J., and Beach, J., concurring.
Compton
The Department of Motor Vehicles (DMV) after a formal evidentiary hearing, and pursuant to Vehicle Code section 13353, suspended James Lofthouse's (respondent) driver's license for six months as a result of his refusal to submit to a blood alcohol test after his arrest for violating Vehicle Code section 23102, subdivision (a).
Respondent successfully petitioned the superior court for a writ of mandate commanding the DMV to vacate the suspension. The DMV has appealed and we reverse.
The trial court's judgment granting the petition for mandate was grounded solely on the purported "res judicata" effect of the dismissal of criminal proceedings that had been instituted against respondent in the Municipal Court for the Inglewood Judicial District. The dismissal, which was pursuant to Penal Code section 1385, was in turn based on an alleged "lack of jurisdiction."
The factual and procedural background is as follows. On August 8, 1979, Officer Klawitter of the Hawthorne Police Department, observed respondent driving his automobile and proceeding westbound on Imperial Boulevard. Respondent was driving erratically, making several lane changes which caused drivers of other vehicles to make sudden stops to avoid collision.
Imperial Boulevard at the location in question is apparently the boundary line between the City of Hawthorne and the City of Inglewood, with the north half or westbound portion of Imperial Boulevard actually being in the City of Inglewood. In any event, Officer Klawitter pursued respondent for several blocks during which time respondent apparently turned north and was stopped in the City of Inglewood.
Respondent exited his vehicle and approached the police car. He staggered as he walked. The officer detected an odor of alcohol on respondent's breath, his eyes were watery and his speech slurred. The officer administered a field sobriety test and formed the opinion that respondent was under the influence of alcohol.
Officer Klawitter took respondent to the Hawthorne police station where he advised him of his rights and obligations concerning submission to a test for the alcohol content of his blood pursuant to Vehicle Code section 13353. Respondent refused to take any test. On August 10, 1979, a misdemeanor complaint was filed in the Municipal Court of the Inglewood Judicial District, charging respondent with a violation of Vehicle Code section 23102, subdivision (a).
Upon receipt of the officer's sworn statement that respondent had refused to submit a blood alcohol test, the DMV on August 28, 1979, suspended his
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