Murphey v. Shiomoto
C.A. 4th; D069557 The Fourth Appellate District reversed a trial court judgment. The court held that a discrepancy in the times indicated in an arrest…
July 31, 2017 at 05:21 PM
3 minute read
C.A. 4th;
D069557
The Fourth Appellate District reversed a trial court judgment. The court held that a discrepancy in the times indicated in an arrest report did not render the report inadmissible for purposes of judicial review of an administrative order suspending the arrestee's driver's license.
California Highway Patrol Officer M. Oka arrested respondent Matthew Murphey for driving under the influence. The Department of Motor Veicles suspended Murphey's driving privileges. Murphey requested an administrative hearing to challenge the suspension. At that hearing, the department introduced into evidence, over Murphey's objection, Oka's sworn report documenting Murphey's arrest and blood test, Oka's unsworn arrest report, containing a narrative description of Murphey's arrest and blood draw, and a laboratory report indicating Murphey's blood alcohol level to have been .16. The hearing officer relied on these records in determining that Murphey had driven with a blood alcohol content of .08 percent or higher.
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