Friday, May 25, 2012

Military Police who make DUI Arrests in California must meet certain requirements before DMV can rely upon their actions, attorneys point out

In San Diego county, there are a number of military bases including Coronado, Miramar and Camp Pendleton. Military Police sometimes trigger California DUI arrests. The legal or lawyer question becomes can DMV use that Military Police DUI arrest?

There are three requirements posted in California DMV's APS DUI Manual mentioned in this article published by San Diego County DUI Law Center:

1. Did the Military Police receive peace officer training requirements given in California Penal Code §832?

2. Did the Military Police enforce California state laws on U.S. Government property?

3. Did the local sheriff or chief of police in whose jurisdiction the property is located has given them written consent to make arrests on property adjoining the military reservation?

Attorneys must object at the California DMV license hearing to any San Diego or county DUI evidence DMV offers without first make a proper evidentiary showing of all 3 requirements.