Dibble

Lawrence Adair Dibble appeals from a judgment denying his petition for a writ of mandate and upholding the Department of Motor Vehicles’ (DMV) suspension of his driver’s license for driving with a blood-alcohol level of 0.08 percent or more (Veh. Code, §§ 13353.2, 13558). Appellant contends that the arresting officer’s unsworn reports were inadmissible at the administrative hearing, and that the officer’s sworn report is insufficient to establish probable cause for his arrest. Appellant did not appear at his DMV hearing. We conclude that he waived his objection to the unsworn reports by failing to appear at the administrative hearing, and that in any event the evidence in the sworn report is sufficient to support the finding of probable cause. We affirm.

Facts and Procedural Background

On August 25, 2001, appellant was arrested by Officer R. Smith for driving under the influence of alcohol. The officer’s sworn statement, submitted on DMV form DS 367, stated that appellant had been involved in a collision. As directed on the form, Officer Smith attached a copy of the collision report and provided the addresses and telephone numbers of a witness to the collision and the…