Chapter 6 - § 6.7 • MOTOR VEHICLE RECORDS

• Jurisdiction: Colorado

§ 6.7 • MOTOR VEHICLE RECORDS

§ 6.7.1—Admissibility of General DMV Records

If relevant, and not unfairly prejudicial, the records of the motor vehicle division are generally admissible. Frequently, records of the motor vehicle division are offered at trial concerning other related charges, such as driving under restraint. Such records may be admissible as official records, as business records, or pursuant to C.R.S. § 42-2-121. Such records should be self-authenticating as domestic public documents pursuant to CRE 902(1) or (2). Such records may be admitted pursuant to C.R.S. § 42-2-121(2)(c), and they "may also be proved by any method authorized by law." People v. Freeman, 668 P.2d 1371, 1381 (Colo. 1983) (citing Crim. P. 27; C.R.C.P. 44(c); and People v. Rivera, 542 P.2d 90 (Colo. App. 1975)).

DMV records are admissible as official records of Colorado, and copies thereof, attested by the executive director of the department of revenue or his or her deputy, and accompanied by a certificate bearing the official seal of the department that the director or his or her deputy has custody of such records, "shall be admissible in all [courts of record] without further foundation . . . and shall constitute prima facie proof of the information contained therein." C.R.S. § 42-2-121(2)(c). Facsimile seals may be used in lieu of an original seal. The statute specifically provides that such records constitute an exception to the hearsay rule.

Alternatively, the records may be self-authenticating under CRE 902(1) as domestic public documents under seal. This means no live witness need be produced at trial to introduce the exhibit.

This foundation, or any other authentication and identification foundation, still leaves the issue of hearsay. Even if hearsay, such records would ordinarily meet requirements of CRE 803(8), the official records exception to the hearsay rule. They are records or reports that set forth the activities of a public agency. See People v. Weese, 753 P.2d 778 (Colo. App. 1987).

In order to prove a connection of the records to the defendant at trial, the records will frequently state that a diligent search of the records of the department failed to reveal any other driver's license record with the same name and date of birth as that of the defendant. Although such a statement is also hearsay, it falls within the exception of CRE 803(10) as proof of an absence of public record or entry.

Additionally, the records might also be admissible under the...