Friday, January 4, 2013

The sworn statement of probable cause after a DUI arrest cannot be blank in the California DMV's evidence, lawyers insist

San Diego County DUI Law Center today published a new article on attacking California DMV's empty PROBABLE CAUSE page on the required sworn Officer's Statement DUI report.

DMV delivers to the driver's California DUI lawyer with a blank page 2 of the sworn DMV DS 367.

What should an attorney emphasize at the California administrative hearing to save this person's driving privilege?

Start with the requirement that California DUI officers must make a sworn statement of the facts and circumstances that led to the stop or contact.

A blank page 2 Probable Cause on the DMV's sworn Officer's Statement simply does not comply with CaliforniaVehicle Code 13880 as required by the California Supreme Court.

In such a situation, the California Supreme Court basically holds that police officers are not relieved of providing ANY information relevant to the DUI enforcement action in the DS 367.  The DUI cops must so include.

The California Supreme Court did in fact relieve a cop of having to include ALL information relevant to a DUI enforcement action.

MacDonald emphasized that only a sworn statement's technical omissions are allowed to be supplemented or explained by unsworn DUI police reports, but not substantive omissions in the DS 367 form.