Out-of-court statements admissible to show reasonable grounds to believe suspect had been lawfully arrested for DUI.

Topic: DUI, Decided by: Judge Schroer 
Docket Number: 1551512 , Decision Date: June 29, 2015 
Attachment: Click here to download the decision. 

Petitioner challenged the suspension of his driver’s license because the stop of his vehicle was unsupported by in-court testimony.  The arresting officer’s testimony regarding the statements of the stopping officer, Petitioner argued, was hearsay, and therefore inadmissible to support the validity of the stop.   However, the Court concluded that even assuming that the validity of the stop was within the scope of administrative license suspension hearings, the out-of-court statements of the stopping officer were nonetheless admissible to show the arresting officer’s reasonable belief that Petitioner’s arrest was lawful.

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