If the probable cause is not sufficiently stated in the sworn report or other accompanying evidence, arrest or investigation report, San Diego DMV must set aside the suspension action, lawyers say.
Sometimes DMV will subpoena the San Diego DUI officer to try to fix the mistake and to describe the observations that led to the San Diego DUI arrest / contact. Here’s a new San Diego DUI Attorney article discussing this issue.
Peace officers occasionally record conclusions instead of observed facts on the DS 367. For example, instead of writing “observed subject driving a vehicle at 50 mph in a 25 mph zone,” the officer writes “observed subject speeding”. Other conclusionary statements may be weaving, illegal turn, illegal maneuver, reckless driving, improper lane use, unsafe lane change, unsafe backing or failed to stop.
San Diego DUI attorneys try to determine is whether the police had Probable Cause to stop or contact the respondent aka accused aka driver. San Diego DUI lawyers defend when the San Diego DUI county cops make “conclusions”. The paperwork must be proper to suspend.