What is the test for acquittal under section 13353.2(e) of the California Motor Vehicle Code?

"[A] defendant is acquitted only when 'the ruling of the judge, whatever its label, actually represents a resolution [in the defendant's favor], correct or not, of some or all of the factual elements of the offense charged.' [Citation.]" (United States v. Scott (1978) 437 U.S. 82, 97, 98 S.Ct. 2187, 2197, 57 L.Ed.2d 65.)

We found that interpretation applicable to section 13353.2(e)'s use of the term in Agresti v. Department of Motor Vehicles, supra, 5 Cal.App.4th at pages 604-605, 7 Cal.Rptr.2d 353, and reiterate its application here.