Slay v. State ex rel. Department of Public Safety

¶ 1 The Department of Public Safety [DPS or appellant] seeks review of a district court’s judgment that reversed an earlier administrative revocation of Slay’s [plaintiff or appellee] driver license.1 During the review proceedings DPS introduced the “Officer’s Affidavit and Notice of Revoeation/Dis-qualifieation” [Affidavit], took the arresting officer’s testimony and then rested its case. Slay demurred to the evidence, asserting that although a faint facsimile of a notary public’s seal is apparent upon the Affidavit, it should not be admitted into evidence because the jurisdiction in which…