CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Exceptions re Writings
......Official Records
.........Requirements
............When Made
4 Cards On This Topic:
  • Official record is admissible over hearsay objection.
  • As trial ct. focused on date on certification, rather than on date the DUI blood test results were recorded in electronic database, it applied wrong legal standard re admissibility under public employee records exception.
  • Trial court did not abuse its discretion in finding Forensic Report, prepared one week after DUI arrest, was not prepared "at or near the time" of the recorded event, as required under EC 1280 (b).
  • Undated, unsworn BAC test report constituted inadmissible hearsay requiring DMV to set aside license suspension.