How to Object to DMV's Evidence

Documents for Identification

How to Object to DMV’s Evidence

Though our objections to DMV evidence are almost always overruled (after all, it’s the same hearing officer who offers the evidence and rules on our objections), it is important to make those objections to preserve our right to get a writ and seek attorneys’ fees.

We make those objections when the hearing officer asks if we have any objections to the documents DMV seeks to introduce. Typically the hearing officer marks four or five documents as exhibits “for identification,” which means the documents are not yet admitted into evidence but identified so they can be discussed.

The five documents DMV introduces at an alcohol-related hearing are usually provided in discovery before the hearing and include (1) the police officer’s sworn statement, also known by its DMV form number, the DS367; (2) any police report the officer prepared for their agency; (3) any chemical test results; (4) your driving record; and (5) various pieces of DMV correspondence regarding the hearing and discovery.

At a minimum you will want to object to numbers 1 through 3 on the grounds that they contain hearsay and double hearsay, lack foundation, and state legal conclusions.

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