CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Presumptions & Burden of Proof
......Crim Presump-Burden Producing Evid.
.........Prior Convictions: Vehicle Code
3 Cards On This Topic:
  • Procedure and burdens of producing evidence for determining validity of charged prior offenses in Veh. Code violations.
  • After DA makes prima facie showing of prior conviction (DUI), burden shifts to D to present evidence that rights violated; must present entire record, not just court docket.
  • Preprinted court forms reciting accused advised of rights with blocks checked showing D waived specific rights do not pass constitutional muster; do not show D actually advised of rights.