Just last week DUI Attorney Matthew Ruff was triumphant in getting driving under the influence charges dropped in the Torrance Superior Court for a client.

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The case originated when a 911 call was placed reporting a driver passed out on the Hawthorne Boulevard off ramp of the 405 freeway in Lawndale California. CHP showed up and found the driver to be intoxicated after he failed roadside field sobriety tests. During the pre-FST interview the defendant admitted he was in his way home to Lawndale and fell asleep while waiting for the light to change. He admitted he had been there for only 2-3 minutes. A breath test was later given at the station with the results .11/.11 BAC. The arrest was not the client’s first, he had a prior DUI conviction in the same Court years earlier.

Matthew got the case and immediately demanded all evidence, including the 911 call recordings. This is where the District Attorney’s case began to fall apart.

It was determined the CHP destroyed those recordings and because the DA delayed the filing of the case for several months Matthew argued they were responsible for the loss of evidence and it prejudiced his clients case, in violation of his constitutional rights.

Matthew filed a motion demanding a dismissal, setting out the arguments and relevant legal principles, see below:

A hearing date was set for the Judge to decide if the case would be dismissed.

At the hearing, the District Attorney tried to argue the loss of evidence was not prejudicial to the case and there was no reason to dismiss the charges. The fact that this was a second DUI made them fight harder. However, the Judge agreed with Attorney Matthew Ruff and ruled the DA had delayed the prosecution of the case and as a result of that unjustified delay evidence was lost that was important to the defense of the charges. Case Dismissed!

The basis of the dismissal was the violation of defendant’s constitutional right due to unreasonable prosecutorial delay. The United States Constitution and the California Constitution guarantee an accused the right to a speedy trial. United States Constitution, Amendment VI; California Constitution, 11 Article I, Section 15. The defendant’s rights are violated where the prejudicial effect of a delay after the defendant’s arrest or the filing of formal charges outweighs any justification for the delay. In Dickerson vs. Superior Court (2019) 40 Cal App 5th Supp 1, the Court found that a 10 month delay in which the claimed prejudice was a “faded memory” was sufficient to shift the burden to the prosecution to justify the delay. In this case the prejudice went beyond that because evidence was actually destroyed.

Here is the actual court docket reflecting the decision and order of dismissal:

Attorney Matthew Ruff is a Top Tier DUI Lawyer in Torrance California with over 30 years experience.