California Court of Appeal

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MORGENSTERN v. DEP'T OF MOTOR VEHICLES, D040213

In the event that an officer fails to sign the portion of the arrest report certifying that he obtained breath test samples in the regular course of his duties, that he was qualified to operate the equipment and that he administered the test in accordance with applicable regulations, Evidence Code section 664 creates a statutory presumption that the officer properly administered a breath test with properly operating equipment.

Appellate Information

  • Decided 08/15/2003
  • Published 08/15/2003

Judges

  • McINTYRE, J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  •  Bill Lockyer, Attorney General, Andrea Lynn Hoch, Chief Assistant Attorney General, Jacob A. Appelsmith, Assistant Attorney General, Dennis W. Dawson and Kathryn M. Megli, Deputy Attorneys General, for Defendant and Appellant., Trost, Woods & Messina and Richard W. Trost, San Diego, for Plaintiff and Respondent.
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