Hillyard v. DMV
Pursuant to a statutory procedure known as the "administrative per se" law (Veh. Code, 13353.2 et seq.), the Department of Motor Vehicles (DMV) suspended Jason Hillyard's driver's license after he was arrested for driving under the influence of alcohol ( 23152). At an administrative hearing, the DMV offered in evidence both the arresting officer's sworn statement ( 13380, subd. (a)) and the police report from the incident. An administrative hearing officer concluded that Hillyard's arrest was lawful and upheld the suspension.
Hillyard filed a petition for writ of mandate in the trial court in which he sought the reinstatement of his driving privileges. In his memorandum in support of his petition, Hillyard claimed that the administrative hearing officer erred in admitting the police report in evidence. Hillyard further argued that without the police report, the weight of the evidence did not support the hearing officer's determination that Hillyard had been lawfully arrested.
The trial court determined that the administrative hearing officer had improperly admitted the police report in evidence. The trial court further concluded that without the police report, the DMV had failed to prove that Hillyard's arrest was lawful. The trial court entered a judgment granting Hillyard's petition.
On appeal, the DMV claims that information contained in the arresting officer's sworn statement was sufficient to establish that Hillyard's arrest was lawful. In addition, the DMV claims that the trial court erred in excluding the police report. Court conclude that the undisputed facts contained in the arresting officer's sworn statement establish that Hillyard's arrest was lawful. Accordingly, court reverse the judgment and remand the matter to the trial court with directions to deny Hillyard's petition for writ of mandate.
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