CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Hearsay Exceptions re Writings
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Official Records
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Specific Applications
............DMV Records
14 Cards On This Topic:
Proof of DMV priors.
Abuse of discretion in finding forensic report establishing P was driving with a BAC of 0.08% or higher was inadmissible hearsay where report made on same date test was conducted but printed out later; report admissible public record.
DUI blood test report, not made at/near time of testing, was inadmissible under EC 1280 and VC 23612—DMV could not rely on EC 664 presumptions to establish foundation required for PAS test results.
Officer's unsworn report excepted from hearsay rule under public employee records exception.
Mere fact phlebotomist did not fully comply with statutory requirements for DUI blood draw, without more, did not render search or seizure unreasonable w/in meaning of Fourth Amendment.
DMV established requisite foundation for admission of blood alcohol evidence, as forensic trainee was adequately supervised in meaning of CRC 17.
DMV SID report with departmental emblem but no subscription was not properly authenticated and should have been excluded on hearsay grounds.
Forensic alcohol report performed by unsupervised trainees does not come under public employees record exception to hearsay rule.
DMV printouts of driving records may be admissible.
Cal. law enforcement teletype admissible to prove prior convictions.
DMV accident report reliable and trustworthy document for admission.
DMV implied consent report is official record.
DMV license history teletype may be official record.
Admissibility of DMV records.