Motion-Secondary: VAHAN VAHANYAN VS DIRECTOR OF THE DEPARTMENT OF MOTOR VEHICLES,

• 
• 

						
                                
Preview
                                Electronically FILED by Superior Court of California, County of Los Angeles on 02/17/2021 04:08 PM Sherri R. Carter, Executive Officer/Clerk of Court, by R. Perez,Deputy Clerk




                          1
                               Andrew Reed Flier (SBN 137372)
                          2 Levine, Flier and Flier, LLP
                               16133 Ventura Blvd., Suite 1140
                          3 Encino, CA 91436
                               Phone: 818-990-9500/ Fax: 818-990-1303
                          4 Email: andrew@flierandflier.com
                          5 Attorney for Petitioner
                            Vahan Vahanyan
                          6
                          7
                          8
                                                              SUPERIOR COURT OF THE STATE OF CALIFORNIA
                          9
                                                                          FOR THE COUNTY OF LOS ANGELES
                        10
                        11
                               VAHAN VAHANYAN,               )                                                Case No.
                        12                                   )                                                Dept:
                                         Petitioner,         )                                                Judge:
                        13                                   )
                               vs.                           )                                                MEMORANDUM OF POINTS AND
                        14                                   )                                                AUTHORITIES IN SUPPORT OF
                               DIRECTOR OF THE DEPARTMENT OF )                                                PETITION FOR ALTERNATIVE WRIT
                        15     MOTOR VEHICLES,               )                                                OF MANDATE TO SET ASIDE
                                                             )                                                SUSPENSION OF DRIVING PRIVILEGE
                        16              Respondent.          )                                                DUE TO AN ALLEGED REFUSAL;
                                                             )                                                REQUEST FOR STAY; MEMORANDUM
                        17                                                                                    OF POINTS AND AUTHORITIES

                        18                                                                                    [C.C.P. § 1094.5; V.C. § 13559]

                        19
                        20                 Petitioner, Vahan Vahanyan, submits the following Memorandum of Points and

                        21 Authorities in support of his Petition for a Writ of Mandate under Code of Civil Procedure,
                        22 Section 1094.5, as follows:
                        23                                   ALLEGED REFUSAL TO TAKE A CHEMICAL TEST

                        24 A.              Legal Standards

                        25                 Pursuant to its authority under the Vehicle Code, the DMV may suspend or revoke the

                        26 driver’s license of a person who refuses to take a chemical test. See Vehicle Code, Section 11353.
                        27 As in all administrative proceedings to suspend or revoke a license, the burden of proving the facts
                        28 necessary to support the action rests with the DMV. [Daniels v. Dept. of Motor Vehicles (1983)


                                                                                     1
                                                                    MEMORANDUM OF POINTS AND AUTHORITIES