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.
April 7, 2026
Court of Appeal, First Appellate District, Division Five
The Rule of Chi v. Department of Motor Vehicles is that a DMV hearing officer's combination of investigative and adjudicatory functions does not violate due process when the officer acts as a neutral fact-finder rather than as an advocate for the department, under circumstances where the officer introduces relevant evidence, asks clarifying questions, and rules on objections pursuant to a policy requiring neutrality.
March 24, 2026
Court of Appeal, First Appellate District, Division Five
The Rule of Chi v. Department of Motor Vehicles is that a DMV hearing officer does not violate due process by introducing evidence and ruling on objections when acting as a neutral fact-finder rather than as an advocate, under circumstances where the DMV has expressly instructed hearing officers to act impartially and not advocate for the department.