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Legal Opinion

Shea v. Department of Motor Vehicles

California Court of Appeal

Decided March 31, 1998No. G019924PublishedCited by 7 opinions

1Opinion of the Court

Opinion

SILLS, P. J.

Thomas Jeremiah Shea was arrested for driving under the influence of alcohol and submitted to a blood test. The Department of Motor Vehicles (DMV) suspended his driver’s license because the forensic report admitted at the administrative per se hearing indicated he had a blood-alcohol concentration exceeding the legal limit of 0.08 percent. The trial court, however, set aside his suspension, finding the tests were performed by unsupervised, and thus unqualified, forensic analyst trainees.

A forensic alcohol report becomes an official record of the DMV, and thus admissible at…

2Cases cited5 opinions

  1. People v. RamosCalifornia Supreme Court · 1997
  2. Lake v. ReedCalifornia Supreme Court · 1997
  3. Imachi v. Department of Motor VehiclesCalifornia Court of Appeal · 1992
  4. Fisk v. Department of Motor VehiclesCalifornia Court of Appeal · 1981
  5. Manning v. Department of Motor VehiclesCalifornia Court of Appeal · 1998

3Cited by7 opinions

  1. Petricka v. Department of Motor VehiclesCalifornia Court of Appeal · 2001
  2. Shannon v. GourleyCalifornia Court of Appeal · 2002
  3. Furman v. Department of Motor VehiclesCalifornia Court of Appeal · 2002
  4. Hernandez v. GutierrezCalifornia Court of Appeal · 2004
  5. People v. KhaledAppellate Division of the Superior Court of California · 2010

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