CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Presumptions & Burden of Proof
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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.