[Download] "Macdonald V. Gutierrez" by In the Supreme Court of California ~ eBook PDF Kindle ePub Free
eBook details
- Title: Macdonald V. Gutierrez
- Author : In the Supreme Court of California
- Release Date : January 08, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Upon arresting someone for driving under the influence of alcohol or drugs, the arresting officer is required to make a sworn statement to the Department of Motor Vehicles (DMV) setting out all of the relevant information. *fn1 In Lake v. Reed (1997) 16 Cal.4th 448 (Lake), we held that, notwithstanding the predecessor statute to section 13380, an unsworn statement by a nonarresting officer is admissible, pursuant to the public employee record exception to the hearsay rule, at an administrative per se review hearing conducted by the DMV. (Lake, at p. 461.) The question presented by this case is whether, at such a hearing, the DMV may, in addition to considering the arresting officer's sworn statement, also consider an unsworn statement by the arresting officer. The DMV, we conclude, may properly do so, for section 13557 provides in pertinent part: "The department shall consider the sworn report submitted by the peace officer pursuant to Section 23612 or 13380 and any other evidence accompanying the report." (Italics added.)