Just this week Redondo Beach DUI Attorney Matthew Ruff got the news the DMV agreed with him and set aside a suspension against his client who had been arrested for drunk driving in Redondo Beach after a traffic collision. The police charged him with a DUI refusal after he refused to submit to a breath or blood test.
The crux of the defense was the client was confused as a result of the police reading him his Miranda Rights prior to asking him to submit to a chemical test required under California law.
Below is the actual report showing the refusal to submit to either test:
Matthew argued his client should be spared any consequences from the refusal due to confusion created by police officers.
The evidence in this case clearly showed the respondent was read his “Miranda Rights” prior to being asked to answer whether he would take a breath test or give blood. In fact the police report stated : “While at the RBPD jail I read XXXX his Miranda rights verbatim from my department issued Miranda waiver card..”
The officer never explained to the respondent that the rights under Miranda do not apply to taking the chemical test. The DMV Hearing Officer Training Manual makes it clear that the officer must explain this to a driver who has been previously told they have a right to remain silent and a right to have a
lawyer present before answering any questions. The Manual provides: “If the officer does give the driver the Miranda rights, or has another reason to believe the driver was confused because of Miranda (e.g. the driver says, “I don’t have to say anything”) re-reading the chemical test admonition is insufficient and the officer has to give an explanation. The officer must explain that the rights under Miranda do not apply to taking the chemical test. See Kingston v. DMV (1969) 271 Cal.App.2d 549)”. [DMV Manual Section 12.136, Revision Aug. 11]. This theory of defense to a refusal to submit to a chemical test is sometimes referred to as the “confusion doctrine”.
Redondo Beach DUI Lawyer Matthew Ruff successfully argued the evidence clearly demonstrated the officer failed to explain that the rights under Miranda that were read to his client do not apply to taking a chemical test. The DMV’s very own Training Manual and the case of Kingston vs. DMV compelled a set aside .
Below is the actual decision:
Matthew Ruff is nationally recognized as a “Top Tier” DUI Attorney and Torrance Criminal Defense Attorney.
As a DUI Lawyer in Redondo Beach CA, Matthew is uniquely positioned to obtain the most favorable results for his clients. Matthew utilizes the most innovative legal defenses and scientific methods to attack the evidence in a driving under the influence case.
In addition, Matthew is a Redondo Beach DUI Attorney serving the South Bay community for over 3 decades.
