Arrested For DUI? Call ☎️ Matt 310-686-1533
Torrance Attorney Matthew Ruff has been defending driving under the influence cases for over 30 years. Due to his experience, he can often spot defenses that other lawyers may not see. In this case Matthew used Title 17 of the California Code of Regulations to beat a DUI case involving a breath test of .14/.15 and save his client’s license.
Here is a summary of the case: The client was arrested for DWI and chose a breath test. Prior to beginning the testing process the client asked to use the bathroom. The officer allowed the client to use the bathroom and then brought him into the breath test room to take a breath test which came back .14/.15. His license was taken and was released after few hours later.
The client hired DUI Attorney Matthew Ruff to defend him and save his license, which he needed for employment. Matthew investigated the case and discovered the officer failed to continuously observe the client for 15 minutes prior to administering the breath test. This failure to continuously observe was a violation of Title 17. This step is important because it ensures the subject does not burp or belch, which could contaminate the results.
Matthew presented the issue at the DMV hearing and was able to get the breath test thrown out and the DMV returned the client’s license and set aside the suspension. See the actual decision (redacted) below.⬇️
So what is Title 17 and why is it important? Title 17 of the California Code of Regulations sets forth official standards or guidelines that police officers are required to follow in order to ensure breath and blood testing in DUI cases is reliable and scientifically accurate. A violation of Title 17 causes the chemical test results to be questioned and possibly suppressed. The bottom line is if police officers don’t follow the rules and regulations set forth in Title 17 CCR the breath test can be thrown out. That was the result in this case.
The outcome of the accused drunk driver getting his license returned and arrest removed from his record is justified as the law requires that all chemical test results be reliable and trustworthy. Police misconduct and mishandling of evidence are other ways cases can be thrown out.
This case is another example of an outcome in a DUI case where Matthew Ruff used science and the regulations governing breath alcohol testing to get the charges dropped.
Matthew Ruff, California DUI Lawyer is a Torrance DUI Attorney with a stellar track record of winning drunk driving cases by showing the police failed to follow the rules and official standards.
