Case Conclusion Date: March 31, 1995
Practice Area: DUI / DWI
Outcome: Drivers' Licenses / Blood Test Records Lawsuits
Description: A number of petitions for writ of mandamus were filed in San Diego Superior Court, regarding the admissibility of sworn vs. unsworn Blood Test Evidence at Administrative Hearings under California Statutes including California Vehicle Code (previous) Section 23158.2's requirement of sworn statements, as it relates to the suspension of driver's licenses. The consolidated cases were heard by the California Court of Appeals. Prior to being depublished, the court held even an unsworn, unsigned, uncertified computer printout of chemical blood test results entitled "Sheriff Crime Lab Data" is admissible over hearsay and authentication objections. Originally filed as unpublished on March 31, 1995, the Attorney General requested publication by letter on April 15, 1995, and that request was granted. But because the letter was not served on any respondent or their attorneys, nor did it even have a proof of service, attorney Rick Mueller filed a Motion to Retract Order Certifying Opinion for Publication and his Opposition to Publication. The opinion discussed Imachi v. DMV , Santos v. DMV, Evidence Code Sections 664, 1280, 1400 & 1421, among others.