Articles, tagged with "chemical tests", page 3

Urine Testing

Urine Testing When a person is arrested for a DUI, a chemical test is required to measure the alcohol content in the blood (BAC). The three chemical tests available are: blood, breath, or urine testing. Urine testing refers to the chemical examinatio... Read >
Author: Darren Kavinoky

Who has burden in DMV Hearings

Who has burden in DMV Hearings The DMV has the burden of proof in the Administrative Per Se (APS) hearing. The burden of proof is that there is more evidence weighted towards driving under the influence of alcohol than not. State law has mandated tha... Read >
Author: Darren Kavinoky

"Davenport" Issues at DMV Hearings

"Davenport" Issues at DMV Hearings The Davenport case holds that the arresting officer's written statement is sufficient to support the DMV's suspension of the defendant's driver's license. The Davenport court held that the officer has a duty to admin... Read >
Author: Darren Kavinoky

Per Se Rule

"Per Se": 23152(b) In order to be convicted of a DUI, the prosecutor must prove beyond a reasonable doubt that the defendant was driving under the influence of alcohol. The types of evidence which normally support this charge are: driving pattern, p... Read >
Author: Darren Kavinoky

How does Evidence Code Sec. 664 apply to DMV Hearings

How does Evidence Code Sec. 664 apply to DMV Hearings California Evidence Code Section 664 shifts the burden of proof to the DMV licensee to establish the nonexistence of one, or more, of the foundational requirements with regard to the police officer'... Read >
Author: Darren Kavinoky

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