[Download] "Troppman v. Gourley" by In the Court of Appeal of the State of California First Appellate District Division Three * eBook PDF Kindle ePub Free
eBook details
- Title: Troppman v. Gourley
- Author : In the Court of Appeal of the State of California First Appellate District Division Three
- Release Date : January 08, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 83 KB
Description
CERTIFIED FOR PUBLICATION For more than 12 years, California appellate courts have been split as to whether the license of a suspected drunk driver may be suspended or revoked for refusal to submit to a chemical test, pursuant to Vehicle Code section 13353, 1 in the absence of a finding that the person was actually driving a vehicle at the time of the alleged offense. (See Mercer v. Department of Motor Vehicles (1991) 53 Cal.3d 753, 769, fn. 24 [noting this issue has ""divided the Courts of Appeal""] (Mercer); see also 2 Witkin & Epstein, Cal. Criminal Law (3d ed. 2000) Crimes, § 228, p. 774 [discussing the split of authorities].) Although the First Appellate District held in Rice v. Pierce (1988) 203 Cal.App.3d 1460 (Rice) that proof of actual driving is not required to support a license suspension or revocation in chemical refusal cases, the superior court in this case relied on contrary authority from the Fifth Appellate District and granted respondent Terry Troppman's petition for writ of mandate. The court ordered the suspension of Troppman's driver's license set aside based on the absence of proof that Troppman was driving a vehicle while intoxicated.