Snelgrove v. Department of Motor Vehicles

Opinion

SMITH, J.

We hold in this case that the sworn statement executed by an arresting officer in a drunk driving stop can supply sufficient proof, in a formal administrative hearing before the Department of Motor Vehicles (department or DMV), to suspend or revoke the arrestee’s license under Vehicle Code section 13353, even though the officer does not personally testify and the arrestee offers contrary proof. (All further section references are to the Vehicle Code unless designated otherwise.)

Background

Richard Snelgrove was stopped by California Highway Patrol Officer Alex Silva in the early…