Hermosa Beach DUI Attorney Matthew Ruff leaves no stone unturned when defending a client on serious driving under the influence charges, The consequences for a conviction for drunk driving is becoming more and more severe and therefore finding a way to lessen the punishment is part of a defense attorney’s duty in every case. In California the punishment for driving under the influence gets harsher on your second offense within 10 years. A 2nd time DWI carries mandatory jail and other harsh penalties if you are convicted. In this case Matthew was able to avoid the conviction by fighting the charges and got the original DUI with a prior dismissed and reduced to a reckless driving after negotiations with the prosecution. Here are the details:
The client was stopped on PCH after the officer claimed to have observed an unlawful turn coming out of bar near Hermosa Beach. The cop detected signs and symptoms of intoxication during the personal contact phase and requested the client participate in field sobriety tests. The FST performance was unsatisfactory according to the report and an arrest was made. A breath test administered to the client displayed a result of .10 BAC.
Matthew was hired and he immediately obtained the necessary discovery on the case and began an investigation to get the charges dropped.
At the initial arraignment the offer was: Plead to a driving under the influence charge (VC23152), admit the prior conviction for DWI, serve 96 hours in the county jail, 4 years probation, lose his license for 2 years, and attend and complete a multiple offender 18 month DUI class. Matt knew he could get a better deal and set the case for pre-trial.
In Court Matt filed motions and subsequently met and conferred with the local prosecutor at which time he exposed evidentiary issues and problems with the case, based on his experience as a local Hermosa Beach DUI Lawyer. After extensive discussions Negotiated a dismissal of the original charges with an agreement to plea to a reduced charge of misdemeanor reckless driving (wet reckless). A screenshot of the actual court record is shown below:
The benefits of the plea were that the client did not have to do any jail time, the probation was reduced from 5 years to 1 year, the client was required to complete an online wet reckless 12 hour class instead of the mandatory 18 month second offender school.
Is it possible to get every second time DUI case dismissed? No, each case is at the mercy of the independent facts and evidence. However, with hard work and the use of 30 years experience, Matthew strives to get the best results for each and every client he defends.
There are a myriad of ways to defend a driving under the influence case such as showing the officer failed to follow proper procedures and protocol. In one recent case Matthew beat the breath test in a Hermosa Beach DUI case by exposing a violation of California Code of Regulations, Title 17.
Matthew is a Top Tier Criminal Defense Attorney and Hermosa Beach DUI Attorney with 30 years experience fighting and winning all types of serious driving offenses and felony cases.
