Patel v. Shiomoto
On April 2, 2011, petitioner Chirag Patel, who was already on probation for reckless driving stemming from a prior drunk driving arrest, was again arrested for driving under the influence of alcohol. He submitted to a blood test, which showed a blood-alcohol content (BAC) of 0.13 percent. Following an administrative per se hearing, the Department of Motor Vehicles (DMV) suspended his driver’s license.
Patel filed a petition for writ of mandate in the superior court to set aside the suspension. The trial court found that the forensic alcohol report lacked trustworthiness and that there were chain of custody problems with Patel’s blood sample such that its integrity was questionable. It thus concluded that the DMV had failed to satisfy its burden of proof, and granted the petition.
The DMV appeals. We conclude that the trial court’s findings were unsupported by substantial evidence, and we reverse.
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