Los Angeles ADW Charges Dropped: How Early Attorney Intervention Saved a Venice Carpenter’s Future

Posted on February 19, 2026 by thetorranceattorney

Facing a felony charge in Los Angeles is a life-altering event. For one Venice-based carpenter, a recent arrest for Assault with a Deadly Weapon (ADW) could have resulted in a permanent criminal record and significant prison time. However, thanks to the swift action and strategic early intervention of Los Angeles Defense Attorney Matthew Ruff, these serious charges were successfully dropped.  

The High Stakes of the Case

The client was arrested on April 9, 2025, by Los Angeles authorities, LAPD. The booking record reveals the severity of the situation:  

• The Charge: Felony 245(A)(1)PC—Assault with a Deadly Weapon (Not a Firearm) with Great Bodily Injury (GBI).  

• The Classification: A serious felony.  

• The Bail: Set at $30,000.  

Actual Booking Record (Redacted)

At 57 years old, the client was facing a legal battle that threatened his livelihood and his freedom.  

The Power of Early Intervention

In many Los Angeles criminal cases, the most critical window for defense occurs before the first court date. By stepping in immediately after the arrest, Top Tier Defense Attorney Matthew Ruff was able to engage with prosecutors and law enforcement to present the defense’s side of the story before formal charges were solidified by the District Attorney.

Why Early Attorney Intervention Matters: 

It allows a defense attorney to highlight evidentiary gaps, witness credibility issues, or mitigating circumstances that police may have overlooked during the initial excitement of an arrest.

A Proven Result

The booking record notes that the arrest was handled by the LAPD (indicated by the 1918 area code/reporting district). Through meticulous attorney early intervention and a deep understanding of ADW, California Penal Code PC245(A)(1), Matthew Ruff successfully navigated the complexities of the Los Angeles County court system to secure a favorable outcome, all charges dropped!

This outcome allowed the client to return to his life and his trade without the shadow of a felony conviction hanging over him.

Facing Criminal Charges in Los Angeles?

If you or a loved one has been booked on serious charges, time is your greatest enemy. As this case demonstrates, having an experienced advocate move quickly can make the difference between a prison sentence and a dropped case.  Top Rated Los Angeles Criminal Defense Attorney Matthew Ruff has over 30 years experience fighting for his clients rights.

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From the Catalina Wine Festival to a “Wet Reckless”: How Matthew Ruff Won a .29% BAC Case in Long Beach

Posted on February 14, 2026 by thetorranceattorney
Matthew Ruff, Top Tier DUI Attorney

The Catalina Island Wine Festival is one of Avalon’s most popular events, but for one attendee, the festivities ended with a high-stakes legal battle. Facing a DUI charge with a .29% Preliminary Alcohol Screening (PAS) result and a formal refusal charge, the suspect seemed destined for a mandatory one-year license suspension.

However, veteran Torrance DUI attorney Matthew Ruff stepped in, navigating the complexities of the Long Beach court system to secure a major reduction to a “Wet Reckless.”

The Incident: A “High-Centered” Golf Cart in Descanso Canyon

The arrest took place in Descanso Canyon, the heart of the wine festival. According to the police report, an officer noticed a golf cart “high-centered” on a planter. The driver was found slumped over the wheel, exhibiting clear signs of intoxication.

After admitting to consuming three shots of whiskey and attempting to drive back to his hotel, the suspect blew a .294% and .293% on a handheld PAS device—nearly four times the legal limit of .08%. See the actual (redacted) DUI police report below. The accused needed an experienced Catalina Island DUI Lawyer.

Actual Catalina Island DUI Report (Redacted)

The “Refusal” Complication

Once transported to the Avalon Station, the case took a turn for the worse. The suspect declined to take the official evidentiary chemical test. In California, a “refusal” typically triggers:

• A mandatory one-year “hard” license suspension (no restricted permit allowed).

• Enhanced penalties and potential jail time due to the high BAC.

How Matthew Ruff Secured the Reduction

Defending a case with a .29% PAS breath test and a DUI refusal is an uphill battle, but Mr. Ruff utilized a three-pronged strategy to dismantle the prosecution’s position:

1. Challenging the Wine Festival Environment

Events like the Wine Festival create chaotic environments for law enforcement. Attorney Ruff scrutinized whether the officers followed strict Title 17 regulations during the “observation period” before the PAS breath test. In a festival setting, distractions can lead to procedural errors that make high BAC readings contestable.

2. Technical Flaws in the .29% PAS Test

A PAS test (the handheld unit used in the field) is notoriously less reliable than the stationary machines used at mainland stations. Mr. Ruff attacked the calibration and maintenance records of the device used on the island. By creating doubt about the accuracy of that .29% reading, he weakened the prosecution’s “aggravated” DUI charge.

3. Mismanagement of the “Right to Counsel”

The police report noted the suspect tried to call an attorney before refusing the test. Mr. Ruff investigated whether the officers properly managed this request. If a suspect is confused about their right to an attorney versus their obligation to take a chemical test (known as “Officer-Induced Confusion“), the refusal charge can be dismissed.

The Outcome: Charges Dropped to “Wet Reckless”

By exposing these procedural and technical weaknesses, Mr. Ruff, a seasoned Long Beach DUI Lawyer, convinced the Long Beach District Attorney to drop the DUI and the refusal allegation. The client pleaded to a “Wet Reckless” (VC 23103 per 23103.5).

The result?

• License Saved: The client avoided the one-year “hard” suspension.

• Reduced Fines: Thousands of dollars in potential fines were waived.

• No Jail Time: Despite the high BAC, the client avoided the mandatory jail time often associated with a .29% reading and refusing the required chemical test.

Experience Matters in Avalon Cases

DUI arrests on Catalina Island are unique, and the Long Beach court requires a specific tactical approach. Matthew Ruff’s 30 years of experience proved that even the most “open and shut” cases can be won when the defense knows where to look for errors.

Office Locations

Matthew J Ruff, Long Beach DUI Attorney
444 W. Ocean Blvd.
Long Beach CA 90802
(562) 473-5390

Matthew J Ruff, DUI Attorney
18411 Crenshaw Blvd.
Torrance CA 90504
(310) 527-4100

Matthew J Ruff, San Pedro DUI Attorney
222 W. 6th St.
San Pedro CA 90731
(310) 514-0877

Matthew J. Ruff, DUI Attorney
333 S. Grand Avenue
Los Angeles CA 90012
(877) 213-4453

Matthew J. Ruff, Huntington Beach DUI Attorney
17011 Beach Blvd.
Huntington Beach CA 92647
(877) 212-2090

Matthew Ruff, DUI Defense Lawyer -Santa Monica Office
100 Wilshire Blvd.
Santa Monica CA 90401
(877) 213-4453

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Charges Dismissed: Matthew Ruff Secures Victory in Inglewood DUI Case

Posted on February 9, 2026 by thetorranceattorney

We are proud to announce a significant legal victory for our client at the Inglewood Courthouse. Attorney Matthew Ruff successfully navigated the complex legal challenges of a high-BAC DUI case, ultimately resulting in the dismissal of charges for the client.

Matthew Ruff, Top Tier DUI Attorney

The Incident and Prosecution’s Case

The case originated from an incident in the city of Hawthorne. According to the arrest reports, the situation presented several steep hurdles for the defense:  

• Vehicle Collision: A witness reported seeing the vehicle traveling approximately 40–45 MPH before it failed to brake and collided with trees along a median.  

• High BAC Levels: Preliminary Alcohol Screening (PAS) tests conducted at the scene returned results of .180% and .191%—more than double the legal limit.  

• Physical Symptoms: Officers noted objective symptoms of intoxication, including watery and bloodshot eyes, a strong odor of alcohol, and a “swaying” gait.  

• Field Sobriety Tests (FSTs): The reporting officer indicated that the client allegedly performed “poorly” on the field sobriety tests.  

Actual Redacted DUI Police Report

How Matthew Ruff Challenged the Evidence

Despite the documented collision and the high chemical test results, Matthew Ruff’s aggressive defense strategy identified critical weaknesses in the prosecution’s narrative.

By scrutinizing the DUI Arrest Report and the Officer’s Statement (DS 367), Mr. Ruff was able to challenge the “opinion and conclusions” of the arresting officers. The defense focused on the nuances of the investigation, including the reliability of the PAS device (Alco-Sensor) and the specific conduct of the field sobriety tests performed on the sidewalk.  

The Result: DUI and Driving with a BAC at or above .08 Charges Dropped

When the case reached the Inglewood Courthouse, the prosecution was unable to overcome the defense’s challenges. Among the arguments, Matthew asserted the officer’s violated the client’s 4th Amendment rights. As a result, the DUI charges under CVC 23152(a) and 23152(b) were dropped as part of a negotiated disposition.

This outcome highlights the importance of having an experienced advocate who understands how to dissect police reports and chemical test procedures. Even when a case involves a collision and a high BAC, a skilled attorney can find the path to a dismissal.

If you or a loved one are facing DUI charges in Inglewood or the South Bay area, don’t leave your future to chance. If you are in need of an Inglewood DUI Attorney or defense lawyer in any other city in Southern California, Matthew Ruff can help.

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Case Success: How Matthew Ruff Secured a Dismissal of Assault and Public Intoxication Charges and Record Sealing in Torrance Court

Posted on February 8, 2026 by thetorranceattorney
Matthew J. Ruff, DUI Attorney

When a 30-year-old engineer found himself facing criminal charges following a bizarre public confrontation in Manhattan Beach, his career and reputation were on the line. However, thanks to the aggressive representation of Local Defense Attorney Matthew Ruff, the entire case was dismissed and the record officially sealed.

The Incident: A Misunderstanding in Manhattan Beach

The case began on June 14, 2025, near the intersection of Highland Avenue and Manhattan Beach Boulevard. According to police reports, The client was arrested for public intoxication (647(f) PC) following a physical altercation, including allegations of assault in front of a Starbucks.  

The reporting officer noted objective symptoms of alcohol intoxication, including bloodshot eyes and a strong odor of alcohol. The other party involved alleged that the client had provoked the fight by sitting on his lap and flicking his hat.  

The Defense Strategy: Motion to Dismiss

While the police report painted a challenging picture, Matthew Ruff recognized key opportunities for a strong defense:

• Lack of Criminal Record: As a professional engineer with no prior criminal history, the defendant was an ideal candidate for leniency and record preservation.  

• The Nature of the Altercation: While a fight occurred, the other party suffered no injuries, which Matthew Ruff used to highlight the minor nature of the disturbance.  

• Insufficiency of Evidence: Mr. Ruff challenged whether the client was the aggressor and truly unable to care for his own safety—a high legal standard required for a drunk in public, 647(f) PC conviction.  

The Result: Case Dismissed and Sealed

By filing a strategic motion to dismiss in the Torrance court, Top Tier Defense Attorney Matthew Ruff successfully argued that his client’s lack of a criminal record and the specific facts of the case did not warrant a permanent mark on his professional life and career as an engineer.

The Torrance Judge, ultimately agreed, granting Matthew’s motion to dismiss and a subsequent motion to seal the arrest record. This critical outcome ensures that the arrest will no longer appear on background checks, allowing the client to continue his engineering career without the shadow of a criminal charge.

If you are facing similar charges in the South Bay or Torrance area, contact Manhattan Beach Defense Attorney Matthew Ruff for a consultation to protect your future.

Office Locations

Matthew J Ruff, Long Beach DUI Attorney
444 W. Ocean Blvd.
Long Beach CA 90802
(562) 473-5390

Matthew J Ruff, DUI Attorney
18411 Crenshaw Blvd.
Torrance CA 90504
(310) 527-4100

Matthew J Ruff, San Pedro DUI Attorney
222 W. 6th St.
San Pedro CA 90731
(310) 514-0877

Matthew J. Ruff, DUI Attorney
333 S. Grand Avenue
Los Angeles CA 90012
(877) 213-4453

Matthew J. Ruff, Huntington Beach DUI Attorney
17011 Beach Blvd.
Huntington Beach CA 92647
(877) 212-2090

Matthew Ruff, DUI Defense Lawyer -Santa Monica Office
100 Wilshire Blvd.
Santa Monica CA 90401
(877) 213-4453

☎️ Call Matt Directly NOW 310-527-4100

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CASE RESULT: Felony Evading & DUI Charges Dropped in Just 3 Days via Early Intervention

Posted on February 4, 2026 by thetorranceattorney

The Situation: A Nightmare Arrest

Imagine being arrested and facing a laundry list of serious charges that could ruin your future. That was the reality for a young Manhattan Beach client arrested by the CHP Baldwin Park Station on January 31, 2026. The allegations were severe:

• Felony Evading Police (VC 2800.2): A felony charge that carries prison time.

• DUI (VC 23152 A & B): Driving under the influence of alcohol.

• Speeding over 100 MPH (VC 22348 B): A major infraction resulting in massive fines and license suspension.

Most people in this situation wait weeks for their court date, hoping for the best. But in criminal defense, waiting is the biggest mistake you can make.

The Strategy: Proactive Early Intervention

Instead of sitting back, Top Tier Los Angeles DUI Attorney Matthew Ruff immediately went to work. He didn’t wait for the police reports to slowly make their way through the system. He utilized a strategy known as Early Intervention, reaching out to the District Attorney early, soon after the arrest.

Matthew Ruff, DUI Attorney Outside West Covina Court

Matthew reached out directly to the Los Angeles County District Attorney’s Office (Pomona Branch, West Covina Court) before the case was even filed. By preparing mitigating evidence and being ready to point out critical flaws in the arrest immediately, he was able to get ahead of the prosecution’s narrative.

The Result: “Declined to File Charges”

The timeline of this victory speaks for itself:

• Arrest Date: January 31, 2026

• DA Decision Date: February 3, 2026

In just 3 days—and well before the client ever had to step foot in a courtroom—the District Attorney issued a formal rejection letter. As stated in the official document from the DA’s office:

“A search of the Los Angeles County District Attorney’s Office database reveals that on 02/03/2026, our office declined to file charges… for his/her 01/31/2026 arrest.”

Actual Redacted Letter From DA Showing Felony Charges Dropped

Why This Matters

Because of Matthew Ruff’s swift action, a case that included Felony Evading, DUI and Speeding over 100 MPH was completely dropped. No court appearances, no conviction, and a clean record preserved.

The Lesson

If you or a loved one are arrested for a serious offense like DUI or Felony Evasion, do not wait for your court date to hire a lawyer. The window between arrest and filing is critical.

Contact Torrance DUI Attorney Matthew Ruff immediately to discuss Early Intervention strategies for your case. Though based in the South Bay (Torrance) Matthew defends DUI and criminal cases throughout Southern California.

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Matthew Ruff Recognized as One of “America’s Most Honored Lawyers” for 2025 – A Commitment to Excellence in DUI Defense

Posted on January 31, 2026 by thetorranceattorney

It is with immense pride and appreciation that we announce a significant achievement for Matthew Ruff, our dedicated DUI Attorney. Matthew has been officially recognized as one of “America’s Most Honored Lawyers” for 2025, an esteemed award certified by The American Registry. This prestigious designation places him among the Top 5% of American Professionals, a testament to his unwavering commitment to legal excellence and his relentless advocacy for his clients.

Matthew Ruff Awarded “America’s Most Honored Lawyers “

This isn’t just another award; it’s a profound acknowledgment of continuous professional recognition. The selection process for “America’s Most Honored Lawyers” is rigorous, taking into account a comprehensive range of criteria including significant mentions in the press, honors bestowed by recognized trade groups, and, perhaps most importantly, acclaimed recognitions from both peers and clients. To be included in this elite group speaks volumes about the consistent high standards Matthew maintains in his practice.

What Does This Mean for Our Clients?

For anyone facing the complexities of a DUI charge, choosing the right attorney can make all the difference. This honor reaffirms what our clients already know: With over 30 years experience, Matthew Ruff brings a unique blend of expertise, dedication, and a deep understanding of DUI law to every case. His inclusion in the Top 5% signifies:

• Proven Track Record: Consistent recognition from various sources points to a history of successful outcomes and satisfied clients.

• Peer Respect: Being acknowledged by fellow legal professionals highlights a reputation built on integrity and skill.

• Client Confidence: The emphasis on client recognition underscores a commitment to effective communication and achieving the best possible results for those he represents.

• Exceptional Legal Acumen: This award is a clear indicator that Matthew Ruff possesses the advanced knowledge and strategic thinking necessary to navigate even the most challenging DUI cases.

A Dedication to Justice

Matthew Ruff’s work extends beyond the courtroom; it’s about safeguarding futures and ensuring fair treatment under the law. His passion for justice and his meticulous approach to every detail of a case have been key factors in earning this national recognition. It’s a daily commitment to upholding the highest ethical standards while providing aggressive and effective defense.

We extend our heartfelt congratulations to Matthew Ruff on this outstanding achievement. It’s an honor well-deserved and a reflection of the hard work, expertise, and client-focused approach that defines his practice.

If you or someone you know is in need of an attorney who is recognized among the nation’s best for DUI defense, Torrance DUI Lawyer Matthew Ruff stands ready to provide the exceptional representation you deserve.

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Restoring a Reputation: A Heartfelt “Thank You” to Matthew Ruff

Posted on January 18, 2026 by thetorranceattorney

In the world of criminal defense, we often talk about “wins” in terms of legal motions and court dates. But for our clients, a win is about something much deeper: it’s about getting their life back.

We recently received a moving thank-you card from a client who faced devastating false allegations. When the system seemed stacked against them, Defense Attorney Matthew Ruff stepped in to ensure the truth was heard.

The Client’s Note

“Matthew,

At a time when I thought all hopes of winning my case had been exhausted, you came through again and again and kept all hopes alive. I want to thank you for your professionalism, the faith and confidence you instilled in me, and the way you fought the case to go in my favor. It is very rare to find an attorney with such qualities nowadays.

Again, thank you from the bottom of my heart for helping me move on and put all of this behind me. You didn’t just win a case; you gave me my life back.”

Why “False Allegation” Cases Require a Unique Defense

Defending against false allegations is uniquely challenging because the damage starts the moment the accusation is made. Matthew Ruff’s approach focuses on:

  • Aggressive Investigation: Scrutinizing every detail of the police report to find inconsistencies or “multiple hearsay” issues that can render a report untrustworthy.
  • Constitutional Protections: Identifying violations of due process or illegal government overreach to secure a complete dismissal of charges.
  • Protecting the Future: Ensuring that a case doesn’t just end in a “deal,” but in a resolution that keeps a client’s record clean—crucial for those protecting professional licenses or immigration status.

A Message of Hope

If you or a loved one are facing false allegations, remember that you do not have to face the “black hole” of the legal system alone. As this client’s story shows, with the right advocate in your corner, it is possible to reverse the spiral and secure a new beginning.

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Defense Attorney Matthew J. Ruff Secures Dismissal of Major Drug Case on Constitutional Grounds

Posted on January 9, 2026 by thetorranceattorney
Top Tier Defense Attorney Matthew Ruff

TORRANCE, CA – January 9, 2026 – Noted California criminal defense attorney Matthew J. Ruff today announced a significant victory for his client, resulting in the complete dismissal of all charges in a high-stakes case. The dismissal was granted by the court based on a successful defense motion arguing a critical violation of the client’s constitutional rights.

The charges, as contained in Court case number 100410B (redacted for privacy reasons), included serious allegations of drug sales and cultivation, were dropped after Attorney Ruff demonstrated that law enforcement and the prosecution failed to adhere to the fundamental protections guaranteed under the U.S. Constitution. This outcome upholds the principle that all individuals are entitled to due process and protection against government overreach.

“Our Constitution provides crucial safeguards against unlawful government action, and when those rights are violated, the courts have a duty to intervene,” said Attorney Ruff. “This dismissal is a testament to the importance of an aggressive defense that scrutinizes every aspect of a case to ensure justice prevails.”

This details of the case involved a large-scale Marijuana cultivation investigation in the Mojave area.

Key Facts:

  • Operation Size: Deputies located 63 greenhouses, most containing over 24,000 live marijuana plants.
  • Evidence & Testing:
    • Over 200 pounds of processed marijuana and cannabis were located and seized.
    • Field tests and subsequent lab tests on samples confirmed high THC content (marijuana), not CBD (hemp).
  • Other Seizures:
    • Over $25,000 in U.S. currency was found and seized as drug proceeds
    • Multiple semi-automatic handguns were also located.

Matthew J. Ruff has a distinguished record of achieving favorable outcomes for clients by exposing flaws in police procedure, scientific evidence, and constitutional compliance, with a high success rate in getting charges dismissed or significantly reduced across Southern California courts.

About Matthew J. Ruff, Attorney at Law:

Matthew J. Ruff is a top-rated criminal defense lawyer and Top Tier DUI defense attorney with over 30 years of experience serving clients in Los Angeles, Orange, and Kern Counties. He specializes in defending individuals against a wide range of criminal charges, including DUI, domestic violence, drug possession, and other felony and misdemeanor cases, and is known for his commitment to client communication and trial advocacy.

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Victory in Oceano Dunes: How DUI Attorney Matthew Ruff Won the “Rising BAC” Case

Posted on January 8, 2026 by thetorranceattorney

In a significant case out of Oceano Dunes California (SLO County), California DUI Attorney Matthew Ruff leveraged the scientific principle of retrograde extrapolation to successfully challenge his client’s breath test results and achieve a dismissal of the license suspension. This victory hinged on proving the client was still in the “absorptive phase” of alcohol consumption, meaning his blood alcohol concentration (BAC) at the time of driving was below the legal limit of 0.08%, despite higher readings later at the police station. 

The Facts of the Case

  • 15:08: Client pulled over by law enforcement.
  • 15:16: Client arrested after displaying objective signs of intoxication (odor of alcohol, bloodshot/watery eyes).
  • 15:40: First breath test administered, result: 0.089% BAC.
  • 15:43: Second breath test administered, result: 0.091% BAC.
Actual Police Report (Redacted)

The “Rising BAC” Defense Strategy

The core of the defense was to exploit the time gap between the initial stop (15:08) and the breath tests (starting at 15:40). California law prohibits driving at or above a 0.08% BAC, but if the tests are taken while alcohol levels are still rising, the results may not reflect the actual level at the time of driving. 

Attorney Ruff used a linear extrapolation (also known as retrograde extrapolation) to estimate the client’s BAC at the moment he was pulled over. 

  1. Calculate the Rate of Increase: The client’s BAC increased from 0.089% to 0.091% over a 3-minute interval (15:40 to 15:43). This rapid increase was key evidence that the client was in the absorptive phase.
  2. Project Backward: Mr. Ruff demonstrated that by projecting this rate backward in time to 15:08 (32 minutes before the first test), the client’s BAC would have been below 0.08%.
    • Calculation: The increase was 0.002% in 3 minutes. Over 32 minutes, the projected drop in BAC was approximately 0.021%.
    • Result: 0.089% (at 15:40) – 0.021% = ~0.068% at the time of driving. 

This expert analysis showed that the client was likely innocent of the core DUI charge (driving with 0.08% or more BAC). 

The Outcome: License Suspension Set Aside

By highlighting the discrepancy between the time of driving and the time of testing, and providing a scientifically sound estimate of a sub-0.08% BAC, Matthew Ruff successfully challenged the validity of the evidence at the DMV hearing.  In addition, Matthew showed other “evidence” relied upon by the police officer was not reliable, such as the conclusions drawn from a horizontal gaze nystagmus (HGN) test.

The DMV hearing officer agreed, and the administrative per se (APS) license suspension order was set aside, and the arrest was removed from the client’s DMV record. This outcome is considered a total victory, protecting the client’s driving privileges and avoiding severe penalties. 

Actual Order of Dismissal (Set Aside)

It is also noteworthy that Matthew got the criminal charges of VC 23152a and VC 23152b dismissed in Court following negotiations with the DA, thereby avoiding a trial in Court. The client, a commercial driver, was elated. The consequences he was facing was a lifetime disqualification of his commercial license.

Would you like to know more about how Matthew Ruff has used challenges to police observation periods or breath machine accuracy to win other cases? Visit Matthew’s website Best DUI Defense.

Matthew Ruff is a top-rated criminal defense and DUI attorney in Southern California with over 30 years of experience. He specializes exclusively in DUI and criminal law, having handled over 4,000 cases including standard DUIs, high BAC cases, and underage offenses. 

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CASE VICTORY: DUI Attorney Matthew Ruff Secures DMV Dismissal of .12/.13 Breath Case by Challenging “Conclusory” Police Reports

Posted on January 5, 2026 by thetorranceattorney

Top-rated DUI defense attorney Matthew Ruff has successfully secured a “Set Aside” of a driver’s license suspension in a contested DMV administrative hearing, despite breath test results of .12/.13, by exposing critical flaws in the police officer’s sworn statement, Ruff demonstrated that the Department of Motor Vehicles failed to meet its burden of proof, resulting in a full dismissal of the suspension action against his client and immediate reinstatement of driving privileges.

The Case: “Reckless Driving” Without the Facts

The case centered on a traffic stop initiated by law enforcement for alleged “reckless driving.” and subsequent breath test results of .12%/13% BAC. However, the official report (Form DS 367) relied entirely on a single, vague statement: “the subject was contacted after being pulled over for reckless driving by CHP officer Fromm”.  

Actual Redacted Police Report of Case Matthew Won

Torrance DUI Attorney Matthew Ruff argued that this statement was legally insufficient. Under California law, an officer must possess “specific and articulable facts” to justify a detention, rather than “mere legal conclusions”. Ruff contended that simply labeling driving as “reckless” is a subjective opinion, not an observational fact.  

The Winning Strategy: Exposing Hearsay and Lack of Evidence

The defense strategy focused on two major legal deficiencies in the DMV’s case:

1. The “Conclusory Evidence” Argument

Matthew Ruff utilized the DMV’s own Driver Safety Manual to argue that an officer must document specific behaviors—such as swerving, near-misses, or extreme speed—rather than just checking a box or writing a conclusion like “reckless driving”.

“A statement that a driver was ‘reckless’ is a legal conclusion, not a fact… Under DMV guidelines, ‘reckless driving’ is a subjective label that does not meet the constitutional threshold unless supported by a detailed description.” 

2. The “Multiple Hearsay” Defense

Crucially, the officer who wrote the report was not the officer who witnessed the alleged driving. This created a “multiple hearsay” issue. Ruff argued that because the reporting officer lacked personal knowledge of the facts, the report was “untrustworthy” and failed to qualify for the Official Records exception to the hearsay rule. 

“A reporting officer who did not witness the stop lacks the personal knowledge required to make the record ‘trustworthy’.” 

The Result: License Suspension Set Aside

Because the DMV bears the burden of proving the stop was lawful, and because the evidence provided was merely a conclusion without supporting facts, the hearing officer was compelled to rule in favor of the licensee. The attorney successfully argued that accepting such a vague report would violate the driver’s Due Process rights to a fair hearing by a neutral fact-finder.  

This victory highlights the importance of retaining an experienced DUI attorney who understands the nuances of the DMV administrative process and knows how to challenge the “official duty presumption”.  

About Matthew Ruff

Matthew Ruff is a seasoned criminal defense attorney with over 30 years of experience defending clients in DUI and DMV hearings across California.

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