HEARING ON PETITION TO/FOR WRIT OF OF MANDATE FILED BY MOUSA

RAFIQ KHOURI

* TENTATIVE RULING: *

Petitioner Mousa Rafiq Khouri’s Petition for Writ of Mandate from the Suspension of Petitioner’s California Driver’s License is denied. Petitioner has not met his burden of convincing the court the decision of the DMV’s Administrative Per Se hearing is contrary to the weight of the evidence.

Administrative Per Se Hearing

On March 11, 2018, Petitioner Mousa Rafiq Khouri was arrested in Alameda County on the suspicion of driving under the influence in violation of Vehicle Code § 23152(a). Petitioner was advised of the “implied consent” (Vehicle Code § 23612) and allegedly refused a chemical test. The arresting officer, Officer Zimmerman, obtained a warrant to draw Petitioner’s blood. The blood test showed a BAC of 0.15%.

Petitioner requested an administrative per se hearing. The hearing was conducted over two sessions, on September 11, 2018 and on January 16, 2019. After hearing, it was