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What is “Hearsay Evidence” and how does it relate to a San Diego DUI?

by | Feb 16, 2014 | DUI Cases |


The California hearsay evidence rule of Evidence Code 1200 EC is one of the trickiest rules in California criminal evidence law.

The “hearsay rule” says that criminal defendants—and prosecutors—can’t use as evidence any statements that are not made by a witness testifying at the trial, and that are offered to prove that their content is true.  But lots of out-of-court statements are admissible in California in spite of the hearsay rule—either because they are not offered for the truth of their content, or because they fall into one of many “hearsay exceptions.”

For example, there are hearsay exceptions for defendants’ confessions that take place outside of court, business records, and spontaneous comments about something that is happening right then.

In fact, the hearsay rule is so full of holes that even many lawyers don’t understand exactly how it works.  San Diego DUI attorney Mark Deniz is a person you can turn to with any questions about hearsay in California law.  You can make sure the prosecution must establish a proper foundation of what they are trying to present to the jury.   Making sure the rules of evidence is followed precisely is key to a good DUI defense.  When this approach is blended with a proactive defense the results can be potent.

Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges. Whether you have been charged of a San Diego DUI, Poway DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Carmel Valley DUI, Encinitas DUI, Oceanside DUI, Ocean Beach DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI it is vital you need to hire an attorney who knows how to defend your rights and can determine if the government can prove their case. Contact the Law Office of Mark Deniz now for a free case evaluation at 858-751-4384 or send an email to [email protected]

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