One extremely odd facet of the California DMV hearing is that the judge and prosecutor are the same person, meaning that the same individual introduces the evidence, then decides on its merit. Unlike a criminal DUI jury trial, there are usually no live witnesses at the APS hearing – the DMV’s decision is typically based only on police reports and chemical test results, if available. Department of Motor Vehicles must find, by a preponderance of the evidence, that all three of the above facts are true. By contrast, in a criminal DUI jury trial, a jury must find the defendant guilty beyond a reasonable doubt. If the driver refused the test, there are two additional issues at stake – whether the motorist was advised of the consequences of refusing the test, and whether he or she continued to refuse after being warned of those repercussions.ĭepartment of Motor Vehicles APS cases must be proven by a preponderance of the evidence – the lowest standard of proof in the justice system. In California drivers who refuse to take chemical tests to determine BAC face additional punishment. 08% or more, by weight, of alcohol in blood. Whether the motorist was driving a motor vehicle with a blood alcohol content (BAC) of.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. Archives
February 2023
Categories |