Order: BANDAIBARRA VS DEPARTMENT OF MOTOR VEHICLES, AN AGENCY OF THE STATE OF CALIFORNIA, BY AND THROUGH ITS DIRECTOR STEVE GORDON

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                                1   MIDDLEBROOK & ASSOCIATES
     Richard O. Middlebrook SBN 167723
 2   Gabrielle A. Burnett SBN 317179
 3   8501 Brimhall Road, Suite 404
     Bakersfield, CA 93312
 4   Telephone: (661) 636-1333
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     Facsimile: (661) 636-1343

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     Attorney for Petitioner, Jose Luis Bandaibarra
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                     SUPERIOR COURT OF THE STATE OF CALIFORNIA
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                                         COUNTY OF KERN
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11      JOSE LUIS BANDAIBARRA,                         Case No.: BCV-24-100980 BCB
12                                                     DMV Case No.: F7530004
                    Petitioner,
13                                                     ORDER STAYING SUSPENSION OF
                                                       DRIVING PRIVILEGE PENDING
14      vs.
                                                       DETERMINATION OF VERIFIED
15                                                     PETITION FOR WRIT OF MANDATE
        DEPARTMENT OF MOTOR
16      VEHICLES, an agency of the State of
        California, by and through its Director         Date: April 3, 2024
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        Steven Gorden,                                  Time: 8:30 a.m.
18                         Respondent.                  Dept.: H
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              The Ex Parte Application of Petitioner Jose Luis Bandaibarra Requesting a Stay of
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     Enforcement of the Administrative Order Suspending Petitioner’s Driving Privilege
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     Pending Determination of the Verified Petition for Writ of Mandate came on for hearing on
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     April 3, 2024, in the above-entitled court, Gabrielle A. Burnett appearing as counsel for
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     Petitioner. Proper notice having been provided to Respondent; Ernesto J. Fong of the Office
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     of the Attorney General appeared on behalf of Respondent.
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     _____________________________________________________________________________
                             Order Granting Stay of Suspension
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 1          The Court, having read and considered the Verified Petition for Writ of Mandate, the
 2   Ex Parte Application for Stay of Enforcement of Administrative Order Pending
 3   Determination of Verified Petition for Writ of Mandate, and the Declaration in Support of
 4   Ex Parte Application for Stay of Enforcement of Administrative Order Pending
 5   Determination of Verified Petition for Writ of Mandate, and having heard and considered
 6   the argument of counsel, and good cause appearing therefrom, made the following ruling:
 7   argument of counsel, and good cause appearing therefrom, made the following ruling:
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 9          Petitioner’s Ex Parte Application for Stay of Enforcement of Administrative Order

10          Pending Determination of Verified Petition for Writ of Mandate is granted, and the
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            Department’s Orders suspending Petitioner’s driving privilege are stayed, pending
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            the hearing and judgment of the Court in this matter, subject to the following
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14          conditions:
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        1. Petitioner may drive during the hours of 6:00 a.m. to 6:00 p.m., Monday through
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            Saturday for work related purposes;
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18      2. Petitioner may not operate a motor vehicle with any measurable amount of alcohol or
19          other intoxicants in petitioner's blood;
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        3. Petitioner must submit to a blood or breath test at the request of any peace officer, with
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22          or without probable cause, to determine petitioner's blood alcohol content while
23          operating a motor vehicle;
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            ///
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26          ///

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     _____________________________________________________________________________
                             Order Granting Stay of Suspension
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 1     4. Petitioner shall have in petitioner's possession at all times while operating a motor

 2        vehicle a legible copy of this court's order specifying the foregoing conditions and
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          shall immediately produce such order for inspection each time a peace officer asks to
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          see his driver's license.
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     Dated: _______________                         ______________________________
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                                                    Honorable Judge of the Superior Court
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     _____________________________________________________________________________
                             Order Granting Stay of Suspension
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