MacDonald v. Gutierrez

Opinion

BROWN, J.

Upon arresting someone for driving under the influence of alcohol or drugs, the arresting officer is required to make a sworn statement to the Department of Motor Vehicles (DMV) setting out all of the relevant information. In Lake v. Reed (1997) 16 Cal.4th 448 [65 Cal.Rptr.2d 860, 940 R2d 311] (Lake), we held that, notwithstanding the predecessor statute to section 13380, an unsworn statement by a nonarresting officer is admissible, pursuant to the public employee record exception to the hearsay rule, at an “administrative per se” review hearing conducted by the DMV. (Lake, at…