Burge v. Department of Motor Vehicles

In Burge v. Department of Motor Vehicles (1992) 5 Cal.App.4th 384, the arresting officer both observed Burge driving and administered the breathalyzer test. ( Id. at pp. 389-390.) The court, in rejecting Burge's argument the officer's report was inadmissible hearsay, recognized that "public employee business records . . . are admissible in civil actions only to the extent that they report the employee's firsthand knowledge." ( Id. at p. 389.)