California DUI Attorneys ☎️ Call Toll Free 1-877-212-2090
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California DUI Attorneys ☎️ Call Toll Free 1-877-212-2090
Signed in as:
filler@godaddy.com
The 3 hour presumption is a rule that requires a chemical test be performed within 3 hours of the time of driving. The rule originates in VC23152b and essentially gives the prosecution the benefit of proving the person had the same blood alcohol level at the time of driving. The rule is rebuttable, meaning if any evidence is presented to show the person did not have the same BAC then the ”presumption “ disappears.
The “3 Hour Presumption “ is particularly useful in accident cases where no driving was observed. If the time of the collision is not determined, the blood or breath results may be excluded.
Indeed, California EVID. CODE §600 sets forth: “a presumption may not be applied unless the necessary facts justifying application of the presumption have been established. The prosecution bears the burden of proving the accused’s driving time in order to justify application of the three-hour presumption.
The law is clear—the Prosecution, whether it be the District Attorney in a criminal case or the Department of Motor Vehicles in a DMV Hearing, bears the burden of proving the Licensee’s BAC was .08 or more at the time of driving, and the evidence that is critical to the Department’s burden of proof—the time the Licensee actually drove his car—has not been established.
It is indisputable that the official duty presumption does not apply when determining if the test was administered to determine a licensee’s BAC was administered within three hours of driving. The law in this regard is unequivocal—presumptions are not evidence and may be utilized only when justified by facts proven by the evidence.
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