California Court of Appeal November 21, 1968, Civ. 8887 (Rust v. Department of Motor Vehicles)

BROWN (Gerald), P. J.

The Department of Motor Vehicles, the Division of Driver’s Licenses and Verne Orr, Director, appeal from a judgment entered August 8, 1967 granting Charles William Rust’s petition for a peremptory writ of mandamus setting aside the department’s suspension of Rust’s driver’s license for his failure to submit to one of the three tests required by Vehicle Code, section 13353.