Jacobson
Jacobson v. Gourley
Opinion
Lead Opinion
McKinster, J.
The Director of the Department of Motor Vehicles (DMV) appeals from a judgment granting a petition for a writ of mandate. We affirm.
Factual and Procedural Background
On March 27, 1999, Geoff C. Jacobson was arrested in Rancho Cucamonga for driving while under the influence of alcohol in violation of Vehicle Code section 23152. A sample of his blood was taken and he surrendered his driver’s license to the arresting officer.
*1333 At Jacobson’s request, the DMV held an administrative hearing to determine whether his driver’s license should be suspended. At the hearing, the DMV offered documentary evidence including a document entitled “San Bernardino Co. Sheriff’s, Scientific Investigation Division 7-Apr-1999 Report on the Receipt and Examination for Ethyl Alcohol.” 1 The document lists four names, including “Jacobson, GE.” Across from Jacobson’s name, the document reflected a blood-alcohol level of .16 percent. The analyst is identified as “White.” Printed in ink with a rubber stamp at the end of the four entries is the emblem of the San Bernardino County’s Sheriff’s Department together with the name and address of the department’s scientific investigation…