Greco v. DMV
The Department of Motor Vehicles (DMV) suspended Cara Greco's driving privileges for four months based on blood test results showing she drove with a blood alcohol level of .11 percent. (Veh. Code,[1] § 13353.2(a)(1).) Greco unsuccessfully challenged the suspension at the administrative level and by a writ petition in the superior court. She appeals from the judgment denying her writ petition.
Greco raises two contentions. First, Greco contends there was insufficient evidence that she drove with an elevated blood alcohol level because the laboratory report contained an erroneous arrest date. The contention is without merit. Substantial evidence supports the superior court's finding that the erroneous date was a clerical error and the laboratory report was otherwise accurate and reliable.
Second, Greco contends the court erred in refusing to reinstate her license based on the criminal court's dismissal of a criminal charge alleging she drove with a blood alcohol level of .08 percent or more (§ 23152(b)). Greco relies on section 13353.2(e), which requires the DMV to reinstate driving privileges if the person was "acquitted" of criminal charges under section 23152(b). Section 13353.2(e) is inapplicable here. Under well-settled law, the court's dismissal of Greco's section 23152(b) charge was not equivalent to an acquittal under section 13353.2(e).
Accordingly, we affirm.
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