Trial court's denial of plaintiff's petition for a writ of mandate seeking an order directing the DMV to rescind its suspension of his driver's license is affirmed as Veh. Code section 13557(b)(2)(C)(i) is construed as including a provision that allows the DMV to sustain an order of suspension imposed under section 13353.2(a)(3) on a person for driving a vehicle that requires a commercial driver's license with a blood alcohol content of 0.04 percent or more where there is proof by a preponderance of the evidence that the person's blood alcohol content was 0.04 percent or more.
Filed October 20, 2009
Opinion by Judge Robie
For Appellant: Walter S. Nomura
For Appellee: Edmund G. Brown, Jr., Attorney General, Alicia M. B. Fowler, Senior Assistant Attorney General, David J. Neill, Supervising Deputy Attorney General, Julie L. Harlan, Deputy Attorney General.