Sunday, April 29, 2012

California DMV DUI Hearing Documents are outlined in DMV Administrative Per Se (APS) Manual, quoted here by San Diego DUI attorneys

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]