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Does the Police Officer who wrote the “DUI Arrest Report” have to come to the DMV hearing to testify about what happened?
After being arrested for a DUI in Los Angeles, a police officer will issue a temporary driver’s license, write a DUI arrest report, write a citation to appear in court, and fill out a DS 367 DMV form. The DMV will rely on the DS-357 form to prosecute the driver at the DMV hearing. Most of the time, if the officer fills out the DS-357 form correctly, the DMV will not need the officer’s testimony and will not subpoena him or her for the Admin Per Se hearing. Also, after a recent case of CDLA v. DMV, the DMV rarely will subpoena police officers to avoid a conflict of interest perception. In that lawsuit, the Appellate court determined that the […]