Murphey v. Shiomoto

In this appeal, at issue was whether the trial court erred in granting a petition for writ of administrative mandate ordering the Department of Motor Vehicles (the Department) to rescind an order suspending the driver's license of a person arrested for driving under the influence and awarding attorney fees and costs to the person. California Highway Patrol Officer M. Oka arrested respondent Matthew Murphey for driving under the influence. The Department issued an order suspending Murphey's driver's license pursuant to the administrative per se law. A Department hearing officer held a hearing and issued a written order upholding the suspension. Murphey filed a petition for writ of administrative mandate against Jean Shiomoto, in her capacity as Director of the Department, requesting that the trial court direct the Department to rescind the orders suspending his license. Murphey contended the suspension was invalid because it was not supported by evidence in the administrative record. After hearing argument from counsel, the court stated that it would grant the petition for writ of mandate and award Murphey attorney fees and costs. After review, the Court of Appeal concluded the trial court erred in finding that the weight of the evidence did not support the hearing officer's decision to uphold the suspension of Murphey's driver's license. View "Murphey v. Shiomoto" on Justia Law