A new San Diego DUI Defense Attorney article explaining DMV's outline of documents used at administrative license hearings per California DMV Hearing Officer Driver Safety manual has been released. While the DMV Manual generally refers to initial documents presented at the hearing, DUI limited use issues and document admissibility complicate the outcome of the hearing, San Diego DUI lawyers point out. DMV Manual:
“12.033 Hearing Documents
Documents presented as evidence must be relevant and have a bearing on one or more of
the issues. Determine whether the documents are direct evidence or hearsay evidence
and establish the proper foundation. Hearsay and direct evidence are always admissible
in an administrative hearing. Although admissible, hearsay evidence cannot stand alone
to support a finding or prove a fact unless it is an exception to the hearsay rule. See
Section 19.115, NATURE OF HEARSAY, in DS Manual Chapter 19, RULES OF EVIDENCE.
Official records, the DS 367 or DS 367M or other approved agency form, is the basic
document supporting the suspension or revocation. When a public employee, within the
scope of duty, prepares the document, it is admissible as an exception to the hearsay rule
and given the same weight as oral testimony (EC §1280). Under the Official Records
section, note the report is prepared timely and appears reliable.
If the DS 367 or DS 367M appears to have different sets of handwriting, corrections, crossouts,
or whiteouts, the document may not be an exception to the hearsay rule, because it
does not appear to be reliable. Therefore, the officer’s testimony may be necessary to
support the written statement (EC § 1280).
12.034 Supporting Documents
The DS 367 or DS 367M may mention other supporting documents, such as an arrest report,
collision report, supplemental report, etc. Introduce the DS 367 or DS 367M, supporting
documents, and any other relevant documents. Mark them as individual exhibits and
receive them into evidence.
A synopsis of the supplemental report may be cut and pasted to the OS 367/0S 367M
form to provide the probable cause statement and must contain the officer’s original
signature and date.
12.035 Driver’s Record
The driver’s record is marked for identification and entered into evidence at all APS
hearings. This is especially important when the record reveals a prior APS action or
conviction for DUI or DUI reduced to wet reckless driving showing an alcohol disposition
code) within ten years of the arrest date. This evidence supports a longer period of
suspension or revocation. The hearing officer must state the information regarding the
prior on record."
[From updated DMV Administrative Per Se Hearings Manual [Chapter 12] for California DMV Hearing Officers]