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By citing the fact that Mr. Cain did not testify or present evidence on his behalf, the hearing examiner was not wrongly shifting the burden of proof to the appellee. Instead, the examiner was merely recognizing that the only evidence before him was the testimonial evidence of the arresting officer and the documentary evidence provided through the DUI Information sheet.”
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He didn't even testify on his own behalf? So, there's an officer stating they believe blah blah blah. And, you don't even testify that blah blah blah is wrong, what is the court to believe?