Officer Ramos Case Summary

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° The testimony of Officer Ramos was deemed credible in that his capacity to recollect the events he testified to was consistent with the information that had been recorded in his official reports at or near the time of the event. Officer Ramos testified that the blood test was done on 10/07/2017 at 8:33 PM, and not entering the date and time of the blood test was an error on his part. »Contention: Counsel contends that the reading in the PAS test is inaccurate, inconsistent and different from the blood results. »Determination: Counsel’s contentions have been considered and determined to be insufficient to overcome the preponderance of evidence presented. Preliminary Alcohol Screening results were not used as an evidentiary test; as …show more content…
More weight is given to the evidentiary blood test that was administered within three hours of driving with results of 0.24%. Officer Ramos testified that he did not observe any blood was in the tube prior to collect the respondent’s blood. Officer Ramos explains in his supplemental narrative report that he observed the blood being drawn from the respondent, and then he took possession of the blood vial and kept it in his possession until he booked it into evidence at the Newhall Area CHP Office. Additionally, the blood analysis report states that the recording of the analysis was done at the time of the analysis, the signature is relative to the certification that the analysis was performed during regular course of duties that the person is qualified, that the equipment was in proper working order when analysis was performed and the test was performed pursuant to Title 17 California Code of Regulations. Based on the above there is no basis to render the results invalid. There was no evidence presented by Counsel that the Department's result was compromised or inaccurate. Based on the preceding and no affirmative evidence to the contrary, the preponderance of evidence presented supports the Department’s
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