Tong v. DMV CA2/2

Filed 9/10/13 Tong v. DMV CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

SHONG-CHING TONG, B240416

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BS128414) v.

DEPARTMENT OF MOTOR VEHICLES,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County. Ann I. Jones, Judge. Affirmed.

Law Offices of Stefan Robert Pancer and Stefan Robert Pancer for Plaintiff and Appellant.

Kamala D. Harris, Attorney General, Alicia M. B. Fowler, Assistant Attorney General, Jerald L. Mosley and Gabrielle H. Brumbach, Deputy Attorneys General, for Defendant and Respondent.

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The Department of Motor Vehicles (DMV) suspended Shong-Ching Tong’s (appellant) driver’s license after discovering that appellant was unable to operate a motor vehicle safely because of a lapse of consciousness or control. Approximately 30 days later, after an administrative hearing, the DMV ended (as opposed to vacated) the suspension. Appellant filed a petition for writ of mandate, asking the trial court to vacate or otherwise set aside his driver’s license suspension. The trial court denied appellant’s petition, and appellant initiated this appeal. We affirm. FACTUAL AND PROCEDURAL BACKGROUND 1. Appellant’s Car Accident and License Suspension Appellant was driving on the freeway on August 6, 2010, in the afternoon, when his car swerved to the right and he got into an accident. Appellant testified at his administrative hearing that he heard someone calling him from outside of the car and he turned his head; the car then swerved. He was taken to the hospital in an ambulance. A medical doctor completed a confidential morbidity report (CMR), which reflected that appellant had suffered a syncope/seizure while driving. Based on the information contained in the CMR, the DMV suspended appellant’s driving privilege pursuant to Vehicle Code section 13953.1 The suspension was effective September 13, 2010. Appellant was advised that he could request a hearing. Appellant requested an administrative hearing, which was conducted on September 28, 2010. After various documents were identified as evidence, appellant testified. He stated that he was involved in a traffic accident on August 6, 2010, at approximately 2:40 p.m. Following the accident, a private ambulance took him to the hospital. He waited in a room to be examined. Eventually, appellant insisted on leaving