April 20, 2026
Court of Appeal of the State of California, Fifth Appellate District
The Rule of Myers v. Department of Motor Vehicles is that body-worn camera video evidence showing an officer failed to continuously observe a DUI suspect for 15 minutes before administering a chemical breath test successfully rebuts the Evidence Code section 664 presumption of compliance with Title 17 regulations, under circumstances where the video objectively demonstrates the officer left the suspect alone in a patrol car with doors closed during the observation period.