Valenti v. State, Dep’t of Motor Vehicles

Appellant was arrested for driving under the influence and submitted to a blood test. Christine Maloney, a forensic scientist, conducted a blood analysis, which revealed a blood-alcohol concentration of 0.159. The Department of Motor Vehicles (DMV) notified Appellant that his driver’s license was being revoked, and Appellant requested an administrative hearing to contest the revocation. The administrative law judge (ALJ) concluded that the DMV established the necessary elements of proof and revoked Appellant’s driver’s license, concluding that Maloney’s affidavit declaring that she was chemist was admissible. Appellant petitioned for judicial review, arguing that the ALJ’s decision was not supported by substantial evidence because Maloney’s affidavit failed to state whether she had been court-qualified as an expert. The district court denied the petition. The Supreme Court reversed, holding (1) Maloney’s affidavit, which failed to state whether she had been qualified in a Nevada court of record, was inadmissible at Appellant’s revocation hearing; and (2) in the affidavit’s absence, the evidence was not sufficiently substantial to revoke Appellant’s driver’s license. View "Valenti v. State, Dep't of Motor Vehicles" on Justia Law