In 2009, Auburn v. DMV further lessened the burden of proof in DMV Administrative Per Se Hearings for Driving Under the Influence. Evidence that the arresting officer had observed the driver weaving in his lane, and almost hit the curb, supported finding of reasonable suspicion to justify a traffic stop, even absent showing of officer’s particular expertise or that weaving occurred over a substantial or considerable distance.
Unlike Criminal Courts, DMV Administrative Hearings/Courts have a different standard of proof. Continue reading “Burden of Proof for DMV Administrative Hearings in DUI Cases is Far Less Than in Criminal Cases” »
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