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Officer Parker Case Summary

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»Contention: Counsel for the Respondent contested the DS 367 and argued that the document was not received with the 5 day period allowed by the DMV. Counsel indicated the delay by the law enforcement agency makes the document questionable.
»Determination: Counsel’s contention is considered, however in reviewing the document was completed at or near the time of the event by the officer was certified under penalty of perjury on ...... Therefore, it is not deemed unreliable.

» Contention: Counsel contends that Officer Parker did not complete the entire Officer’s Sworn Statement (DS-367). In addition, the entry of time of blood test is missing and the second page of the DS-367 is blank; therefore, Officer’s Sworn Statement (Exhibit 1) and the Arrest and Supplemental Report (Exhibit 2) and Accident Report (Exhibit 3) are hearsay, lack of foundation, not credible, not trustworthy and not admissible. …show more content…
Officer Parker testimony was deemed credible in that his capacity to recollect the events that transpired. Officer Parker testifed that he forgot to attach the probable cause of contact on the second page of DS-367 and ommision of th etime of blood sight was just an oversight. Officer Parker testified that the events were fresh in his mind at the time he prepared the documents. Sufficient foundation is made for admission of the Officer’s Statement (DS367) and Arrest and Supplemental Report per Evidence Code Section 1280. Officer’ Statement DS367, the Arrest Report, Evidential Test Results are deemed reliable, trustworthy, admissible and credible Additionally, Officer Perata’s testimony support a finding of the department’s

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