Getting arrested for driving under the influence means the DMV will suspend your license, even before you get into Court. This process is called the Administrative Per Se process which requires the officer to confiscate your license at the time of your arrest.
What you are not told (unless you read the paper) is that you can fight the suspension by demanding a hearing. This case involves that scenario where the client was arrested, sought out a Huntington Beach DUI Attorney and found Matthew through a friend. Mr. Ruff demanded and got a DMV hearing, which he subsequently won.
How did he do it? Matthew argued his client was stopped illegally and the arrest was therefore unlawful. The client was stopped based on a 911 call. A subsequent breath test showed a .19/.18 BAC result. Here is the excerpt from the Costa Mesa police report:
“On 07/04/2024, at about 0036 hours, I was working uniformed patrol in a marked CMPD police vehicle. I was dispatched ot the intersection of Harbor Blvd and Victoria St in regards of a possible drunk driver being folowed. The reporting party told CMPD Dispatch the vehicle was running red lights and swerving. Officers Sieder and Valdenor located the vehicle at the intersection. They initiated a traffic stop and the vehicle yielded in the parking lot of 2300 Harbor Blvd.”
Matthew argued the information provided was insufficient to establish probable cause or a reasonable suspicion to detain. Matthew provided case law and legal authority for this argument.
Solivij v. Gourley, (2001) 87 Cal.App.4th 1229 states, “In order to justify a stop or detention the officer must have specific and articulable facts causing him to suspect that some activity relating to a crime has taken place, is occurring or is about to occur, and that the person detained is involved in that activity.”
A conclusionary statement made by a peace officer on a DS 367, 367M is insufficient probable cause to support a finding. The officer has not provided observational facts which the hearing officer can use to independently judge whether the maneuvers of the vehicle observed by the officer constituted erratic driving. Matthew further argued the statement “ The reporting party stated the vehicle was running red lights and swerving in the road.” is a conclusion, not an observational fact. Neither the citizen nor the officer provided any detail which would allow the Hearing Officer to independently judge whether the respondent’s vehicle violated any traffic law or constituted erratic driving sufficient to justify a detention.
The DMV hearing officer agreed with Matthew and set aside (dismissed) the license suspension. Matthew Ruff wins case by showing his client was stopped illegally! The actual redacted set aside order is shown below.
Matthew Ruff is a DUI Lawyer near Huntington Beach California with over 30 years experience fighting drunk driving and other criminal cases.
How Can a Huntington Beach DUI Lawyer Help You? First, a defense attorney can obtain all relevant evidence and investigate the facts to determine if mistakes were made. More often than not, police make crucial errors in the collection of evidence and chemical test results.
If you or someone you know has a pending DWI case involving the CHP or any other police agency, Matthew can help.
