California, United States of America
The following excerpt is from Pekin v. Valverde, B247358 (Cal. App. 2014):
For the purpose of determining the appropriate standard of judicial review of an administrative decision to suspend or revoke a driver's license, the license is a "fundamental right." (Berlinghieri v. Department of Motor Vehicles (1983) 33 Cal.3d 392, 398.) Under Code of Civil Procedure section 1094.5, the trial court examines the administrative record for errors of law and exercises its independent judgment to
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determine whether the weight of the evidence supported the administrative decision. (Lake v. Reed, supra, 16 Cal.4th at pp. 456-457.) " 'In making that determination, the trial court had to "weigh the evidence and make its own determination as to whether the administrative findings [should be] sustained." [Citation.]' [Citation.] 'In exercising its independent judgment, a trial court must afford a strong presumption of correctness concerning the administrative findings, and the party challenging the administrative decision bears the burden of convincing the court that the administrative findings are contrary to the weight of the evidence.' [Citation.]" (Garcia v. Department of Motor Vehicles (2010) 185 Cal.App.4th 73, 82.) On appeal, we determine whether the trial court's findings are supported by substantial evidence. (Ibid.)
2. The implied consent law
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