Matthew Doesn’t Just Say He Wins Cases, He Shows You The Cases He Has Won!

Just this week Matthew won a DUI refusal case in Los Angeles for a client, saving her from the mandatory 1 year “hard” suspension. The client, a resident of Canyon Country, was in a car accident in North Hollywood and did not submit to a chemical test, the officer got a search warrant and obtained a sample of her blood, the result came back .14 BAC. The LAPD took her license and marked her as a refusal on the APS paperwork. Matthew was hired and got a hearing to challenge the suspension.

Here are the facts of the case:

Probable Cause:
On or about Saturday, September 9, 2023, Officer Garcia, Badge # 39494, of the N Hollywood Police Department, contacted Respondent as a result of a traffic collision and, upon investigation, had determined that Respondent had been driving a motor vehicle involved in the collision.
The determination of driving was based on: Respondent’s admission of driving to Officer Garcia
The time of the collision is determined to have been within three hours prior to the subsequent chemical test taken by the Respondent, based on:
An admission by respondent to arresting officer.
The evidentiary basis for the finding on the probable cause issue is: DMV Exhibits: Accident Report, Arrest Report, DS-367 & Supplemental Report.

Objective Symptoms:
Subsequent to making contact with Respondent, Officer Garcia formed the belief that Respondent was intoxicated after having observed the following objective symptoms of intoxication:
Bloodshot and watery eyes. Odor of alcoholic beverage. Slurred speech.
The evidentiary basis for the finding on the objective symptoms of intoxication issue is: The DS-367 (Officer’s Sworn Statement).
° The Arrest Report.
° The Supplemental Report.
° The Accident Report.

Lawful Arrest:
On 9/9/2023, at 11:45 PM Respondent was arrested for violation of Vehicle Code Section 23152, 23153, or 23140.
The determination that Respondent was arrested under the charge of driving under the influence, Vehicle Code Section 23152, 23153, or 23140 is based on: Explicit statements in DMV’s documentary evidence.
The authority to arrest Respondent was granted to Officer Garcia under Section 40300.5 of the California Vehicle Code.
As a result of the reasonable cause determination and the subsequent findings of an arrest taking place, it is hereby determined that Respondent was lawfully arrested for a violation of Vehicle Code Section 23152, 23153, or 23140.

Admonition & Refusal:
The following are the determinations of the trier of fact for each indicated contention raised by the Respondent and the findings for each of the indicated primary issues.
ISSUE: Was Respondent admonished that her driving privilege would be suspended or revoked if he refused or failed to complete a required chemical test to determine the alcohol content of his blood? Respondent presented no contentions against this issue and the following finding is based on the Department’s evidence associated with this matter.
FINDING: Respondent was told that her driving privilege would be suspended or revoked if he refused to complete the required testing.
ISSUE: Did Respondent refuse to take or fail to complete a chemical test or tests after being requested to do so by a peace officer?
» Not enough evidence to support the refusal.
» The evidentiary basis for the preceding determination(s): DS 367 (Age 21 and older officer statement.
FINDING: Respondent did not refuse or fail to complete the chemical test or tests after being requested to do so by a peace officer.
Based on the above findings it is hereby concluded that the administrative action against Respondent’s driving privilege cannot be upheld.

The actual redacted decision is posted below:

Matthew is a Best Los Angeles DUI Attorney with over 30 years experience defending clients facing loss of license and other consequences of DUI and other criminal charges. As a top refusal attorney, Matthew has one of the highest success rates at DMV hearings. If you need a lawyer for a recent arrest call Matt.

☎️ Call Matt Direct on his cell at 310-686-1533