Attorney Matthew Ruff has 30 years criminal defense experience, former DA Office experience in one of the largest DA Offices in California. Matthew is NHTSA trained and certified and is a Top Tier DUI Attorney.
In many driving under the influence cases the driver will submit to a breath test and those results will often form the basis of the criminal case prosecution and the DMV license suspension. Fighting those breath test results has been Top Tier Manhattan Beach DUI Defense Attorney Matthew Ruff’s passion for close to 30 years. What makes someone a “Top Tier” Attorney? Three decades of experience, national recognition, extensive training and trial experience.
Arrested For DUI? Call Matt ☎️ 310-686-1533
In this case Matt was faced with breath results of .25% on the first blow and .23% on the second blow, that’s 3 times the legal limit in California. The regulations require two sequential breath samples that must agree with each other by a difference of no more than .02.
The case originated in the city of Manhattan Beach California where the local Police transport those arrested to the station where the evidential breath machine is located. The evidential machine is the one that is required if the person chooses a breath test. This test differs from the optional portable breath test (PAS) sometimes given in the field.
California law requires that police officers be trained in the administration of the device used for testing a subject’s breath for a concentration of alcohol. The law is found in Title 17 of the CA Code of Regulations. This law is what allowed Matt to get the breath test results suppressed or “thrown out” in this particular case.
As part of the investigation of the case Matthew requested all of the records related to the training of the officer that administered the test. During this investigation he discovered the officer failed to undergo the mandatory training and obtain certification from the LASD. The officer was trained on other machines, but not the “Datamaster” which was used to test his client in this case. Through cross examination Matt exposed this deficiency and was able to convince the DMV Hearing Officer to throw out the results and dismiss the case, thereby saving his client from a mandatory license suspension.
An actual redacted copy of the official decision is shown below:⬇️
The case was dismissed or “set aside” meaning no action was taken against the clients driver’s license, the confiscated license was returned to the client and his DMV record remained clean and unblemished. To quote the DMV “As a result of the preceding finding the administrative action against Respondent’s driving privilege cannot be upheld in this case”.
Fortunately, after the client was released following the arrest he searched for the Best Manhattan Beach DUI Attorney and found Matthew. The client also avoided the requirement of an SR22 for three years and a 9 month alcohol program and the requirement of an ignition interlock device (IID) in order to be reinstated by the Department of Motor Vehicles.
California Law requires that all breath test results need a certain degree of minimum reliability standards. In this particular case, Matthew was able to expose the defects in the State’s chemical test. If you were a loved one has been arrested for a drunk driving and need an aggressive dui defense Attorney in Manhattan Beach to help you with the Case contact Matthew’s office for a consultation.
