The frustration of dealing with the 3 Headed Department of Motors & Vehicles Monster is best exemplified in this latest San Diego DUI defense attorney’s hearing.
Knowing that California DMV headquarters in Sacramento has instructed local hearing officers to disregard the experts retained by drivers’ lawyers by always calling their testimony “speculative,” it is important to take a look at the nuts and bolts of the DUI administrative hearing, the process and the evidence which DMV should consider.
DMV should consider as evidence the California Government Code’s mandate of generally accepted technical or scientific matters discussed here at the San Diego County DUI Law Center’s website.
What could be more on point than technical and scientific matters published by the State of California DMV, law enforcement officials and prosecuting agencies? Surely, the DMV should consider their information as non-speculative evidence.
Would DMV still refuse to consider such information in an effort to suspend a driver’s license?
Is it too much to ask for a reasonable and fair consideration of such officially noticed matters?
When the attorney asks the hearing officer to officially notice and consider scientific and technical matters accepted by the State of California, DMV, Prosecutors and DUI Police, should the hearing officer be permitted to suggest in a decision that no evidence was presented by the respondent to support the contention when the lawyer opted to use those matters rather than hire a toxicologist which DMV has been instructed to disregard?!
For a sample of specific information which DMV must take official notice of at an administrative hearing following a San Diego DUI arrest – with “rising” blood-alcohol facts – read the above article published yesterday by San Diego County DUI Law Center’s Rick Mueller, DMV & DUI Defense Lawyer.