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Rehman v. Dep't of Motor Vehicles, No. C060579

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By FindLaw Staff on October 21, 2009 11:55 AM

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.     

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Filed October 20, 2009

Judges

Opinion by Judge Robie

Counsel

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.

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