Another means by which a driver may rebut the DMV’s evidence in an administrative hearing is by producing “documents” for consideration. Official documents are normally, reports, files, transcripts, or nearly any form of writing which tend to dispute or rebut the DMV’s evidence. At the beginning of a DMV administrative hearing, the hearing officer will introduce the DMV’s evidence.
Generally this is where the hearing officer will introduce into evidence any police reports or other official documents upon which the DMV is basing its case. Although your advocate should vigorously object to the admissibility of these documents, California Evidence Code Section 1280 makes it legal for the hearing officer to introduce the “Records of a Public Employee” into evidence without the writer being present.
We Find DMV Documentary Evidence to Defend You!
The variety of documentary evidence is far reaching. The challenge is locating relevant, documentary evidence, preparing it and arguing for its admission as evidence into an administrative hearing.The administrative advocates and investigators at CDA have been seeking out this form of evidence for decades. We know where to look. We know how to prepare the evidence and we know how to get it in front of a DMV hearing officer for consideration. With literally decades of investigative experience, we will seek out any potential evidence.
Possible Sources of DMV Documentary Evidence
The DMV may introduce documents such as police reports and one’s driving record without the burden of having to authenticate those documents by presenting the person who prepared them. Possible sources of official documents are:A driver’s medical records,Records of a driver’s use of prescribed medications,Work records to demonstrate a worker’s need to drive, hours of vehicle operation and average of miles driven,Past accident reports,Past arrest reports, News or media coverage articles,Records indicating attendance at AA meetings,Records indicating attendance at a rehabilitation facility,SWITRS (State Wide Integrated Traffic Reporting System) is a computer data base maintained by the California Highway Patrol. SWITRS compiles records of REPORTED traffic collisions throughout the state from which data in regards to certain areas can be collected and analyzed,Cell phone records,Records establishing debit card and credit card transactions, Receipts for cash purchases.
How We Help With DMV Witness Investigation Interviews
You can be assured that CDA‘s investigators are expert at locating evidence that may never have been discovered by the police. CDA‘s investigators are expert in discerning which evidence is crucial to an investigation and that to be dismissed or discredited by a DMV hearing officer. The burden on your advocate is entirely different. Many of the documents a driver may wish to introduce at a California DMV hearing are not prepared by public employees and therefore, may be ruled inadmissible by the hearing officer unless they can be “authenticated.” Authentication is a process by which your advocate must prove the reliability and trustworthiness of any documents presented. The DMV defense experts at California Drivers Advocates have many years of experience in getting over this hurdle and will formulate a plan for introducing as much relevant evidence as possible.