JARROW v DMV

Case No.: 20CV01199    

PETITION FOR WRIT OF MANDATE The petition is denied. . The court has conducted an independent review of the administrative record, whic demonstrates that Petitioner voluntarily submitted to a breath test but refused to submit to warrantless blood test. Petitioner asserts that this does not constitute a refusal to take a chemica test under Espinoza v Shimoto (201) 10 Cal. App. 5th 85, in which the driver, who was suspecte of driving under the influence of alcohol, refused to take both a breath and a warrantless bloo test. The court noted that the question of whether a motorist can be subjected to a licens suspension for the failure to submit to a warrantless blood test is an open question, and therefor chose to “err on the side of caution” in affirming Espinoza’s license suspension based only o her failure to take a breath test. Petitioner contends that this suggests that a license suspensio cannot be imposed for refusing to submit to a warrantless blood test; and that the court w........