California Court of Appeal

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Molenda v. Dep't of Motor Vehicles, H032196

In a DMV administrative action, trial court's judgment against defendant is affirmed where: 1) the court did not abuse its discretion when it excluded the lab report of plaintiff's blood test results as it was inadmissible under the Evidence Code since it was not prepared at or near the time of the recorded event, and inadmissible under the Vehicle Code; and 2) the court did not abuse its discretion when it excluded evidence of the preliminary alcohol screening test results as the DMV may not rely on the Evidence Code section 664 presumption to establish the foundation necessary for the admission of the results.

Appellate Information

  • Decided 03/27/2009
  • Published 03/27/2009

Judges

  • McADAMS, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Edmund G. Brown Jr., Attorney General, David Chaney, Chief Assistant Attorney General, Jacob A. Appelsmith, Senior Assistant Attorney General, Miguel A. Neri, Fiel D. Tigno, Supervising Deputy Attorneys General Robert Andrew Harkness, Supervising Deputy Attorney General, for Appellant.

  • For Appellees:
  • Arthur Dudley, Page, Salisbury & Dudley, Santa Cruz, for Respondent.
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