Snelgrove
Snelgrove v. Department of Motor Vehicles
Opinion
Opinion
Smith, J.
We hold in this case that the sworn statement executed by an arresting officer in a drunk driving stop can supply sufficient proof, in a formal administrative hearing before the Department of Motor Vehicles (department or DMV), to suspend or revoke the arrestee’s license under Vehicle Code section 13353, even though the officer does not personally testify and the arrestee offers contrary proof. (All further section references are to the Vehicle Code unless designated otherwise.)
Background
Richard Snelgrove was stopped by California Highway Patrol Officer Alex Silva in the early morning hours of March 20, 1985, for weaving along a stretch of Highway 101 in San Mateo County. The officer arrested Snelgrove for suspected drunk driving and took him to the jail in Redwood City for booking.
The officer prepared and signed a sworn statement later that same day and submitted it to the DMV pursuant to section 13353. The statement gives the officer’s reasons for suspecting drunk driving, documents the arrest, and indicates that Snelgrove was admonished and then asked three times to submit to a chemical sobriety test, but refused each time.