I was arrested for DUI, and when I got the police report in the DMV discovery packet, I noticed factual errors. The officer essentially states that I swerved into a southbound onramp, before being observed speeding on a northbound freeway, from point A to point B, but point B is 5 miles to the south.
Can I argue that the DS 367 violates EC 1280 (c) that the report be "trustworthy" and is inadmissible hearsay?
It won't get your case dismissed in court but it could be used to impeach the officer's testimony that his testimony is accurate. As far as the DMV goes, yes that would be one of the arguments you could make but it is a tough one to win on outright. One of the issues at the DMV is whether the cop had probable cause to pull you over. If the probable cause statement doesn't state adequate grounds to pull you over you should win however that is assuming the DMV follows the law, often they do not. If the officer's report is inaccurate you could argue that the EC664 presumption that the officer did his duty diligently is rebutted which puts the trustworthy requirement of 1280 at issue. Your going to have to show that the officers report is wrong. You can't just say it you have to show it with testimony or evidence that you admit in your case at chief. Unfortunately, the DMV is often unfair in their decision making process and often make bad decisions so you need to make sure all your objections are made so in case you need to file a writ all your legal arguments are preserved for appeal. You should contact an experienced DUI lawyer who can do the DMV hearing for you.
Of course you can object to the report per EC 1280. However, the DMV Hearing Officer will most likely overrule your objection and allow the report into evidence. The report in not inadmissible hearsay per your description. However, there may be other objections and defenses to your case. You should hire an experienced DUI lawyer in your area. Go to www.dui-help.com to find one.
You likely need to state better factual errors than what you posted to attack lack of trustworthiness in the sources of information and method of preparation under EC 1280(c).
Disagreeing with facts does not usually cut it.
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