The DMV hearing officer must find “by a preponderance of the evidence” that you were operating a motor vehicle with an illegal BAC or while impaired by drugs or alcohol. “A preponderance of the evidence” means that it is more likely than not that you violated California DUI laws.5 In...
Common motions include a “Motion to Suppress Evidence” under California Penal Code 1538.5.a.For example, the police must have “reasonable suspicion” to pull a car over. If the officer’s suspicion was not reasonable (for instance, that headlamp was not, in fact, broken) the traffic stop...
Asserting that the evidence supporting the charge was unlawfully obtained, defendants moved to suppress that evidence (Pen. Code, § 1538.5, subd. (i)) and to dismiss the information (id., § 995). The trial court, in resolving these motions, considered the transcript of the preliminary ...
We believe this argument misunderstands the nature of our inquiry here. First, respondents bear the burden of introducing sufficient facts to make out their defense. Only then would the burden switch, requiring Barber to produce contrary evidence. (Code Civ. Proc., § 437c, subd. (o)(2).)...