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California Case
Troppman v. Gourley, 2005 Cal. App. LEXIS 196 Date: 2005
The arresting officer found the driver, who appeared to be intoxicated, in the driver's seat of a parked van with a wine bottle on the floor. After the driver failed several field sobriety tests, she was placed under arrest. She refused to submit to chemical testing. At the license revocation hearing, the driver testified that she drank the wine after parking the van and that she had consumed no alcohol before driving. The administrative hearing officer suspended her license because she had refused to submit to testing after an arrest for which there was reasonable cause. The superior court granted driver = s writ because there had been no finding by the hearing officer that she was actually driving. However, the court of appeal held that a driver's license could be suspended for failing to submit to a chemical test without a finding of actual driving. Because there was no requirement under Cal. Veh. Code ' ' 13353, 23612 to prove that the driver was actually driving at or near the time of her arrest, and because there was no dispute that the driver was lawfully arrested and that the arresting officer had reasonable cause to believe she had been driving. Thus, the appellate court ruled that the superior court judge made a mistake in granting the driver = s petition for writ, and agreed with the DMV hearing officer.
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