Poland

Poland v. Department of Motor Vehicles

Good Law
1995 Cal. App. LEXIS 430·34 Cal. App. 4th 1128·40 Cal. Rptr. 2d 693·95 Daily Journal DAR 5967·95 Cal. Daily Op. Serv. 3475
Court of Appeal of CaliforniaApril 18, 1995A064386California3,724 words

Opinion

Opinion

Kline, J.

The Department of Motor Vehicles (Department) suspended the driver’s license of appellant Gary Lynn Poland based upon a finding that he drove an automobile while possessing a blood-alcohol content (BAC) higher than 0.08 percent. The superior court denied appellant’s petition for a writ of mandate to set aside the suspension. Appellant challenges that order on numerous grounds. We find no merit in any of these objections, and affirm the judgment denying the petition.

Background

The suspension rested upon three exhibits which the hearing officer admitted into evidence over objections discussed more fully below. Exhibit 1 was entitled “Officer’s Statement [^Q Sections 13353.2 and 13353 Vehicle Code.” It consisted of a Department form ostensibly containing the handwritten notations and signature of California Highway Patrol Officer John Hagen, badge No. 12666. According to these notations, on June 15, 1993, at 12:10 a.m., the officer observed a vehicle driven by appellant weaving in its lane on northbound Interstate 280 in San Mateo County. Appellant’s car “drifted 2’ to 3’ onto the r[ight] shoulder four times.” The car was also pulling a string of tin cans, and “some cans…

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