jerryfantastic
New Member
BACKGROUND: In the Probable Cause section of the DS 367 about my arrest, the officer made the physically impossible claim that I was driving north, but ended up at a point to the south:
"The suspect was paced driving at 80 mph...northbound on State Route-57, from just north of State Route-60 to just south of Pathfinder Road."
Googling "Pathfinder Road, Diamond Bar" shows that Pathfinder is few miles to the SOUTH of SR-60. It's therefore impossible for me to have been driving north from the 60 to Pathfinder.
Before that, the officer wrote she saw me "veer onto the right shoulder...while traveling eastbound on State Route-60, prior to transitioning to State Route-57".
That observation would put me in the far right lane of the 60 East, a lane which actually splits off and merges onto the 57 South!
So basically what she wrote about probable cause to pull me over is that I was on the 60 east, veered into the right shoulder and transitioned to 57 south, but was then seen speeding on the 57 north, and then teleported to the south.
MY QUESTIONS:
1. Can I use these contradictions at the DMV hearing to challenge the DS 367 as inadmissible hearsay (violating the requirement in Evidence Code Section 1280 that hearsay evidence be "indicate trustworthiness" in order to be admitted)?
2. Since the statements are physically impossible contradictions, can I say there is not enough evidence of probable cause to stop me?
3. If yes to either of above, do those challenges also then apply to the rest of the DS 367 (breath results, etc)
4. If the DMV has an additional supplemental report at the hearing, can I object to it because I didn't recieve it in my discovery packet?
Thanks!
"The suspect was paced driving at 80 mph...northbound on State Route-57, from just north of State Route-60 to just south of Pathfinder Road."
Googling "Pathfinder Road, Diamond Bar" shows that Pathfinder is few miles to the SOUTH of SR-60. It's therefore impossible for me to have been driving north from the 60 to Pathfinder.
Before that, the officer wrote she saw me "veer onto the right shoulder...while traveling eastbound on State Route-60, prior to transitioning to State Route-57".
That observation would put me in the far right lane of the 60 East, a lane which actually splits off and merges onto the 57 South!
So basically what she wrote about probable cause to pull me over is that I was on the 60 east, veered into the right shoulder and transitioned to 57 south, but was then seen speeding on the 57 north, and then teleported to the south.
MY QUESTIONS:
1. Can I use these contradictions at the DMV hearing to challenge the DS 367 as inadmissible hearsay (violating the requirement in Evidence Code Section 1280 that hearsay evidence be "indicate trustworthiness" in order to be admitted)?
2. Since the statements are physically impossible contradictions, can I say there is not enough evidence of probable cause to stop me?
3. If yes to either of above, do those challenges also then apply to the rest of the DS 367 (breath results, etc)
4. If the DMV has an additional supplemental report at the hearing, can I object to it because I didn't recieve it in my discovery packet?
Thanks!
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