Solovij

The Department of Motor Vehicles (DMV) suspended Irene Janina Solovij’s license for driving with 0.08 percent or more of alcohol in her blood. (Veh. Code, § 13353.2.) The administrative hearing officer considered both the officer’s sworn and unsworn report. The trial court granted Solovij’s petition for writ of mandate because there was no competent evidence in the sworn report to justify the initial stop and detention.

We conclude that without a sworn report containing competent evidence the officer’s unsworn report cannot supply the missing competent evidence. The judgment is affirmed.

Facts

Evidence submitted at the DMV administrative hearing included the arresting officer’s statement under penalty of perjury contained in form DS-367.

The DS-367 form stated in part: “Probable Cause. Describe in detail the facts and circumstances that led to the stop or contract. . . . Attach page if needed[.]” On the lines provided, the arresting officer wrote, “22350 VC N/B Chapala St. & W/B Carrillo St.”

The officer’s unsworn arrest report was also submitted as evidence. The arrest report stated in part: “On 10/02/99 at approximately 0105 hours I was on routine patrol in a…