California Appellate Tracker

Knudsen v. Department of Motor Vehicles (2024) 101 Cal.App.5th 186

May 9, 2024

Following California DUI Lawyers Assn. v. California Department of Motor Vehicles (2022) 77 Cal.App.5th 517, this decision holds that an individual is entitled to a new hearing before a non-conflicted DMV hearing officer only when the record of the administrative proceedings before the original hearing officer shows that that officer in fact acted as an advocate/prosecutor rather than merely as an as an adjudicator and a collector and developer of evidence. The decision concludes that the record in Knudsen’s administrative hearing showed that the hearing officer acted as an advocate in asking quesitons of Knudsen’s expert that seemed designed to undercut the reliability of his conclusion that Knudsen wasn’t drunk. So Knudsen is entitled to a new hearing before a neutral administrative hearing officer.

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California Appellate Tracker

Knudsen v. Department of Motor Vehicles (2024) 101 Cal.App.5th 186

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