CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Presumptions & Burden of Proof
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Crim Presump-Burden Producing Evid.
.........Prior Convictions: Vehicle Code
3 Cards On This Topic:
Procedure and burdens of producing evidence for determining validity of charged prior offenses in Veh. Code violations.
After DA makes prima facie showing of prior conviction (DUI), burden shifts to D to present evidence that rights violated; must present entire record, not just court docket.
Preprinted court forms reciting accused advised of rights with blocks checked showing D waived specific rights do not pass constitutional muster; do not show D actually advised of rights.