Daily Health Reviews

by Ron Sombilon Gallery

Davenport Issues at DMV Hearings

“Davenport” Issues at DMV Hearings

The Davenport case holds that the written statement of the arresting officer is sufficient to support the DMV’s suspension of the defendant’s driver’s license. The Davenport court held that the officer has the duty to administer chemical tests according to methods which are designed to ensure reliability. Similarly, California Evidence Code Section 664 gives the presumption that play an official mission has been “regularly performed,” thus giving rise to an inference of the reliability of the test.

The result of the above propositions is that the burden of proof on the accused to prove that the officer did not perform the test in a reliable manner. The Davenport court held that due process is not offended by placing the burden of rebutting the reliability of chemical tests on the defendant. The competent authorities have a public duty to perform analysis of blood alcohol by reliable methods complying with laws and regulations. If compliance with regulations that set standards for the competence of the chemical tests, foundation is laid for the admissibility of test results as proof. Therefore, test results are considered legally sufficient evidence.

The defendant has the burden of proof in establishing, through interrogation of the officer, or other means, that the official rules in any way not satisfied. If a defendant succeeds in casting doubt on the reliability of the administration of chemical tests, then the burden of proof rests with the police department to prove that the evidence is reliable despite the violation.

In a DUI arrest, the officer fills out a standard DS 367 form with an affidavit as to the probable cause and the facts of the arrest. The affidavit stating that the level of alcohol in the blood of the accused was at a particular level, is based on reliable evidence. In general, the basic requirements to establish the reliability of the results of testing is a sample:

The test equipment was in proper working order test was administered properly the operator of the testing machine was competent and qualified.

Evidence Code Section 664 supports the presumption that the duty police officer has been “regularly performed, ie, carried out in statutory regulations and guidelines. This supports the thesis that chemical tests have sufficient indicia of reliability to justify confidence in the results of these tests to support the suspension of the license of the defendant.

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