DUI Arrest? Call Matt’s Cell ☎️ 310-686-1533

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

When it comes to license consequences for a DWI virtually nothing compares to that of an under 21 Zero Tolerance Suspension. In this case the client blew .11/.10 on the breathalyzer but Matthew fought the case and won the hearing due to mistakes in the officer’s report. Here are the facts of the case: (The actual Decision is Posted Below)

The redacted facts from the arresting officer’s report is as follows: “On Saturday, January 27, 2024, at approximately 0830 hours, I was on routine patrol in a fully marked black and white patrol vehicle (P/V) wearing a full tan CHP uniform. I was traveling westbound SR-91 to northbound 1-110 South when I first noticed the suspect vehicle (S/V), a grey Hyundai Tucson, traveling northbound I-110, north of SR-91 in the #1 lane. The vehicle was traveling at a high rate of speed. I accelerated to catch up to the vehicle and was able to obtain a pace of 91 miles per hour. The S/V merged into the express lanes, and I positioned my patrol vehicle directly behind the S/V as they merged out of the express lanes over the double solid white lines. I positioned the patrol vehicle (P/V) directly behind the S/V and activated the P/V’s forward red emergency lights in order to initiate an enforcement traffic stop. I instructed the S/V to exit at El Segundo Boulevard using the public address system. They exited the freeway and yielded to the right curb on Figueroa, south of El Segundo.

I contacted the driver through the open driver side window and informed him the reason for the stop. The driver was identified as XXXXXX (DOB: Under 21). XXXXX related he was on his way to a studio in downtown Los Angeles to play music. As I spoke to XXXXXX, I smelled the odor of an alcoholic beverage emitting from within the vehicle. I performed a modified nystagmus check while he was still seated in the driver seat, and he was unable to smoothly track the stimulus. I asked him to exit the vehicle and meet me on the sidewalk. I asked XXXXXX a series of Pre-Field Sobriety Test questions. As XXXXXX spoke, I observed his speech was slow and his eyes were red and watery, there was an odor of an alcoholic beverage emitting from his breath and person. I had XXXXXX perform a series of Field Sobricty Tests, which he did not perform as explained and demonstrated.”

A portable breath test was administered due to the subject being under 21 with the results of .11/.10. It is important to note that a .10 is 10 times the legal limit for a minor under the age of 21 years old in California.

Matthew challenged the under 21 suspension on the grounds the officer made fatal errors on the sworn statement submitted to the DMV. [The sworn report contained a date and other facts which were clearly not consistent with the relevant facts of his client’s arrest] Based on the errors Matt argued the report contained “physical impossibilities” that rendered the document inadmissible. The lawyer cited California case law such as Manning vs Department of Motor Vehicles (1998) which stated:

“[is]a …. report, which discloses a patent physical impossibility on its face, ” ‘the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs.’ ” (Lake v. Reed, supra, 16 Cal.4th at p. 467.) We don’t think so”. (Manning vs. DMV)

Matthew requested a set aside of the suspension on the foregoing grounds and the hearing officer agreed and set aside the suspension,

The actual decision is posted below, along with review from client’s mother who hired Matthew to represent her underage son charged with DUI:⬇️

Matthew Ruff is a Top Tier Criminal Defense Attorney with 30 years experience. He is one of the best underage 21 DUI Attorneys in California and handles all aspects of an arrest from DMV to Court proceedings. With hundreds of positive client reviews, Matthew has earned the trust of his clients by delivering awesome results in the cases he defends.

How can a DUI Lawyer help you in your specific case? The issues are numerous and the potential defenses are limitless, the best way to know is to consult with a local attorney like Matt and find out.

Can you beat the breathalyzer in an under 21 dui case? The answer is yes, if the facts are such to create a defense to the elements of the charge. For, example in this case Matt was able to find significant evidence deficiencies that warranted the DMV dropping the charges and DMV suspension.

Arrested For DUI? Call Matt ☎️ 310-686-1533