Dmv Hearings Flashcards
What main points should the DUII arrest contain?
Factors that have PC for arrest
The point in the DUII investigation the officer beloved they had PC for arrest
If illegally obtained evidence the PC is not valid
What are three steps in a DUI investigation?
Evidentiary record at hearing should address circumstances that promoted the investigation
Establish reasonable suspicion of DUII
Include conditions of the field sobriety test
PC is not a necessary prerequisite to asking consent to perform SFST
Factors in requesting blood, urine or breath test?
Law requires motorist are informed of rights and consequences before a test
No requirement that the person understand the info
Although they need not to understand the info, they must be conscious
How many days does the intoxilyzer need to be certified accurate?
90 days
DMV provides the proper certification
What should happen if the intoxilyzer certification is missing?
Request hearing record be left open so the officer can obtain the certification from OSP online
What should a failed blood test hearing include?
Evidence the person was receiving medical attention
Blood was drawn from officers request
Drawn by duly licensed physician
Analysis was in a accreted facility
Written report with officers name
Blood refusal hearing should include?
Person was receiving medical attention
Person was concours and refused
Urine test refusal hearing should include?
Evidence arrested person was involved in an accident resulting in damage or
BAC of .08 or higher
Officer is certified through dpsst
Evidence that the person was under the influence
What are the time frames for hearings to occur for implied consent hearings?
Implied consent hearings: within 30 days
Blood test failures: within 60 days
In person vs telephone hearings?
Either the motorist or reporting officer may request the hearing in person
Of neither make the request, hearing will be telephonic
