GLATMAN

GLATMAN v. Valverde

Good Law

146 Cal. App. 4th 700·2006 Cal. App. LEXIS 2113·2007 Daily Journal DAR 499·53 Cal. Rptr. 3d 319·2007 Cal. Daily Op. Serv. 398

Court of Appeal of CaliforniaDecember 12, 2006G036880California2,280 words

Opinion

Ikola, J.

The Department of Motor Vehicles (DMV), George Valverde, DMV director, and R. Sammartino, a DMV hearing officer (collectively, appellants), appeal after a superior court judge issued a writ commanding the DMV to set aside its suspension of Brent Allen Glatman’s driver’s license. Appellants contend the court erred by finding the results of Glatman’s blood test were not timely recorded, as required by Evidence Code section 1280, subdivision (b). We affirm.

FACTS

On July 24, 2005, Officer J. Baggs stopped Glatman for speeding on Pacific Coast Highway and observed Glatman exhibited “red watery eyes, slurred speech, unsteady gait, [and] a strong odor of an alcoholic beverage.” Glatman stated “he had consumed 4-5 bottles of beer.” He failed several field sobriety tests administered by Baggs and was arrested by Baggs pursuant to Vehicle Code section 23152, subdivision (a) (driving under the influence of alcohol). Glatman surrendered his driver’s license to Baggs and was notified he could request a hearing to challenge the suspension of his license.

A forensic alcohol examination report (the Forensic Report) prepared by the Sheriff-Coroner Department’s forensic science…

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