San Diego DUI Attorney Rick Mueller wrote this leading Article on the admissibility of blood test records and drunk driving reports.
An inadmissible arrest report which is not sworn “under penalty of perjury” cannot be used to supplement or explain the sworn California DMV Officer’s Statement DS 367, San Diego DUI attorneys.
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Quoting California DMV’s Manual references including a leading case entitled “MacDonald v.
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Guiterrez,” the language attorneys need to review which can help either DMV or the driver’s lawyer depending on the facts.
A report neither sworn nor made at or near the time of the San Diego DUI or California drunk driving event – whether blood test report or DUI arrest report – is not admissible. California DMV mentions the Glatman case in its Driver Safety Manual.
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San Diego County DUI Law Center’s Drunk Driving Criminal Defense Attorney Rick Mueller breaks down the Manual and the law in this important article.