Initial considerations given by one's California DUI lawyer in San Diego DMV hearings include the very first thing DMV must prove before one's license can be taken away. California has the burden of proof on all issues. Here's number one:
Did the San Diego California DUI officer have reasonable cause to believe the person had been driving a motor vehicle in violation of §23152, §23153 VC, or §23136 and/or §23154 VC?
California's DMV Hearing Officer Manual states, in part:
"Reasonable cause means something more than a mere hunch or suspicion, but less than the
amount of evidence needed for proof beyond a reasonable doubt. The officer does not need
conclusive evidence of criminal guilt. The facts known to the officer must lead a "reasonable person" with the same facts, to conclude the person was driving a motor vehicle while under the influence. Would a person of "ordinary care and prudence" believe that the driver was guilty?
Reasonable cause has the following components or sub-issues which all must be present and
established by evidence if a positive finding is made on the issue. These components all deal with the peace officer's beliefs about the person under investigation.
The officer must have:
• Reasonable cause to believe the person was driving a motor vehicle.
• Reasonable cause to believe the person was under the influence of alcohol and/or drugs.
• Reasonable cause to believe the person was driving while under the influence."
Numerous challenges, including unreasonable cause documents, arise. From inaccurate DUI police observations to impossible officer conclusions and determinations, an attorney has a number of things to consider when evaluating San Diego DMV hearing evidence.