CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Hearsay Exceptions re Writings
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Official Records
.........In General
5 Cards On This Topic:
Official record is admissible over hearsay objection.
Hearsay exceptions; availability of declarant immaterial.
Trial court's implied finding that P was driving was correct where Fire Captain's recorded observations were properly admitted as public employee records and to explain and supplement P's admissions about driving.
As DMV failed to show "Forensic Alcohol Analysis" was prepared by person with an official duty, it was hearsay and not sufficient competent evidence to support driver's license suspension.
Judicial notice may be taken of foundation for official records.