Sunday, March 14, 2010

 

600 pages of materials are sampled here, presented at a San Diego DUI criminal defense attorney seminar

600 pages of materials are sampled here, presented at a San Diego DUI criminal defense attorney seminar:

Many are DUI defense lawyer Points and Authorities (P’s & A’s)for San Diego DMV.

California DMV Driver Safety Manual pp.12.53-12.54 – Insufficient Evidence to Support (Drunk) Driving

p. 12.48 Additional Findings: Chemical test within 3 hrs. of driving / presumption

Driver Safety Manual p. 12.58 – Insufficient Evidence to Support Intoxication

Driver Safety Manual pp.12.55-12.56–Objective Symptoms not from Intoxication

OBJECTION TO UNSWORN REPORT [Glatman v. Valverde, California Evidence Code section 1280], attaching DMV’s Decision - reasonable to rely on report if made within 24 hours of incident vs. “Danger of Inaccuracy by Lapse of Memory” (> 1 day old)

Glatman Hearsay and Foundational Objections to DUI Report

Government Code (Hearsay not sufficient to support DUI-related finding unless Admissible)

P’s & A’s “Improper Cut & Paste” (of report’s PC prepared “1 day” after DS 367)

Manning v. DMV (Report disclosed patent physical impossibility.
Report must reflect some relationship with the physical world we know.)

Santos v. DMV (DMV failed to rebut evidence that test failed to prove BAC at time of driving was .08%.

No test time evidence w/in 3 hrs. of driving.)

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