Tuesday, April 12, 2011

California DMV Hearing Officer Lies

A recent DMV Hearing was held where the Hearing Officer, Ms. Kaur, LIED; GRANTED A SET ASIDE, then did an Ex Parte Communication with another Hearing Officer, and changed her mind, and did not grant the Set Aside. She refused to go on the record for part of the argument as to the Ex Parte Communication and had to be threatened with criminal action before she would divulge the other person's name. Next, she lied about having notice of the Respondent having GERD a defense to breath testing, then stated he could have his doctor fill out a Medical Form, then had another Ex Parte Hearing with a supervisor, who told her that the doctor did not state under penalty of perjury on the page he wrote, although it is on the form, so she could only accept it if he signed the page under penalty of perjury, then changed her statement that the doctor had to testify. Next, the doctor did testify, and said the he reviewed the patients endoscopy showing GERD and that it had been present for at least 2 years and that he was in a constant state of regurgitation 24/7 365 days a year whether he knew it or not. She stated in her report the doctor said he couldn't tell if the person was in this state at the time of testing; A LIE. Additionally, she is trained to put into the report and ignore the Toxicologist who testified that the regurgitation invalidates the test per State law Title 17, Section 1219.3, and he was not credible. She was told to bring in a medical doctor for rebuttal, refused, and suspended a license with deliberate ignorance of human anatomy and physiology, ignoring the Medical Doctor, and State law. This is the reason these unqualified people should not be handling hearings as if they were legally trained and acting as Judges. I doubt this person even has a any college training, let alone legal education. And just like all other people in the government, we do nothing, and no penalties, including costs, are awarded against this despicable disregard for the law. Ms. Kaur has had other case reversed against her incompetence of legal issues. So, if you have her as Hearing Officer in your case, have your lawyer challenge her as biased and untrustworthy.