Madrid v. Dept. of Motor Vehicles
Plaintiff and appellant Dominic Ernesto Madrid (Madrid) filed a petition for writ of review and mandamus to set aside a decision by the Department of Motor Vehicles (DMV or Department) suspending his driver’s license. The trial court denied the petition and Madrid appeals.
ISSUES
The case presents two issues of the interpretation of drunk driving laws. The first issue is which party has the duty to obtain and disclose the name of the phlebotomist who drew Madrid’s blood under Vehicle Code section 23158, subdivision (a), and which party has the duty to produce the phlebotomist for cross-examination at the administrative hearing. The second issue is the applicability of the collateral estoppel doctrine, when Madrid pled guilty to the drunk driving charge after the DMV suspension hearing.
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