CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Presumptions & Burden of Proof
......Presumptions: Burden of Proof
.........Official Duties
6 Cards On This Topic:
  • Official duty presumed regularly performed, except warrantless arrest.
  • PC 1305(a) doesn't require that reporter's transcript or minutes reflect that trial ct.'s declaration of bond forfeiture occurred in open court; per EC 664 & 666, failure to declare such in open court not presumed on silent record.
  • When record silent, Evid. Code §664 presumption that court clerk properly exercised official duty unrebutted; no evidence that jury received improper matter.
  • As testing instrument was in compliance with regs when P tested, DMV entitled to presumption that blood alcohol tests recorded on official forms were obtained by following the regs and guidelines of title 17.
  • Evid. Code §664 presumption that official duty regularly performed, combined with other evidence provided sufficient evidence that Pet.’s blood properly collected for DUI testing.
  • DMV hearing officer properly relied on Evid. Code §664 presumption in admitting officer's report to sustain license suspension for DUI.