Legal Opinion
Hernandez v. Gutierrez
California Court of Appeal
Decided January 9, 2004No. G031100PublishedCited by 2 opinions
[CERTIFIED FOR PARTIAL PUBLICATION*]
1Opinion of the Court
Opinion
ARONSON, J.
The Department of Motor Vehicles (DMV) challenges a judgment granting a writ of mandate overturning its suspension of Richard Vigil Hernandez’s driver’s license. Because the peace officer who observed Hernandez for the requisite period prior to a breath-alcohol test was not a certified intoxilyzer operator, the trial court concluded the test results were inadmissible at the license suspension hearing. We hold the results were admissible under the official duty presumption. (Evid. Code, § 664.) As we discuss below in the published portion of this opinion, the regulatory…
2Cases cited20 opinions
- Torres v. Parkhouse Tire Service, Inc.California Supreme Court · 2001
- Culligan Water Conditioning of Bellflower, Inc. v. State Board of EqualizationCalifornia Supreme Court · 1976
- NBC Subsidiary (KNBC-TV), Inc. v. Superior CourtCalifornia Supreme Court · 1999
- Edelstein v. City & County of San FranciscoCalifornia Supreme Court · 2002
- Manriquez v. GourleyCalifornia Court of Appeal · 2003
15 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- ROZE v. Department of Motor VehiclesCalifornia Court of Appeal · 2006
- Gerwig v. GordonCalifornia Court of Appeal · 2021