Friday, April 13, 2012

San Diego California DMV attorney Rick Mueller writes about cutting-edge cut & paste objections in this new San Diego DUI Lawyer

San Diego California DMV attorney Rick Mueller writes about cutting-edge cut & paste objections in this new San Diego DUI Lawyer Article . San Diego DUI lawyers save licenses, unlike the unfortunate California DUI lawyer in Siemen v. Valverde who apparently limited his objection and lost the hearing.

Per that case, the Siemen California attorney did not make the detailed objections contained in this article. That California lawyer did not object to the underlying foundational facts cut, pasted and incorporated from an impossibly dated and defectively prepared California DUI arrest report.

Siemen’s Page 2 of the DMV DS 367 was dated 1 day after Page 1 but admitted (without Glatman & other legal objections timely made by that California DUI attorney).

The Siemen DMV hearing officer reportedly considered Siemen’s sole objection to the admission of the DS-367. According to the limited facts in this California DUI decision, Siemen’s lawyer only asserted that the signature and date on the cut-and-paste alteration to the probable cause section of the DS-367 was June 14, 2009, and the signature on the DS-367 itself was dated June 13, 2009. Siemen’s California DUI attorney understated his objection(s). Siemen’s California DUI lawyer essentially limited his argument to the notion that the California DUI officer did not swear to the probable cause statement, which was not complete when the officer signed the certificate.

The Siemen DMV hearing officer overruled the limited objection. Siemen waived other available objections not made. Once waived, available objections and contentions can not later be made by a California DUI lawyer.

Every California DMV case has its own unique facts, circumstances, documents, hearing officer, and day of the week. A California DUI defense lawyer will want to all applicable objections at the time DMV offers the exhibits as evidence.

A number of competent California DMV attorneys advance specific & detailed objections in writing.