Vinson
Vinson v. Snyder
Opinion
Opinion
Buckley, J.
The Department of Motor Vehicles (hereafter DMV), through its acting director, appeals from the grant of respondent Terry Lamar Vinson’s petition for writ of mandamus setting aside the order of the DMV suspending respondent’s driving privileges for one year for driving a motor vehicle when he had more than .08 percent by weight of alcohol in his blood. In its place, the court imposed a four-month suspension. The central issue presented on appeal is whether a hearing officer at an administrative per se hearing may rely on his or her own expertise in reading and analyzing a departmental record without first affirmatively establishing him or herself on the record as an expert in the interpretation of such documents. As will be explained below, we have determined that a hearing officer is entitled to rely on his or her experience, technical competence, and specialized knowledge in evaluating evidence proffered by the parties and to make reasonable deductions based on this evidence. (Gov. Code, § 11425.50, subd. (c); Jackson v. Department of Motor Vehicles (1994) 22 Cal.App.4th 730, 740 [ 27 Cal.Rptr.2d 712 ].) Existing law does not require the hearing officer to establish him…