This morning Matthew was able to get driving under the influence charges (with refusal enhancement) and hit and run dismissed in Los Angeles Superior Court following a nearly year long battle with the District Attorney’s Office.
The case was ultimately resolved for a “wet reckless” plea on the day of trial after Matthew filed a motion to suppress challenging the stop and arrest (PC 1538.5)
The actual Court transcript is shown below:
The case involved allegations the client crashed her car and fled the scene. Deputies observed her vehicle driving erratically with extensive collision damage. The client was detained after officers observed slurred speech, unsteady gait, odor of alcohol and trouble standing. Deputies reported she made incriminating statements, failed field sobriety tests and later refused a chemical test.
The following is an excerpt from the arrest report: “ As we approached the vehicle, we saw the driver and sole occupant swaying her head back and forth. Deputy immediately smelled the strong odor of an alcohol beverage emitting from her breath and person, she began slurring her words, when Deputy asked how much she had to drink tonight she responded, “a lot”. We ordered her to step out of the vehicle. Due to her level of intoxication and slightly stumbling, we assisted her to the front bumper of our patrol vehicle.”
Matthew fought the case relentlessly by filing discovery and pre-trial motions alleging violations of his client’s constitutional rights. The DA finally capitulated, agreeing to drop both DUI and Hit and Run charges and allow a no contest plea (without admitting guilt) to a lesser charge, thereby avoiding the dreaded ignition interlock (IID) among other things.
The outcome of any given are is dependent on the specific facts and circumstances of that case and the level of litigation a client commits to. Nothing on this site is intended to constitute a guarantee of the outcome of your particular case. For a discreet discussion of your particular case, contact Top DUI Lawyer Matthew Ruff for a consultation.
Matthew Ruff is a Top Tier DUI Lawyer in California. If you are looking for a law firm to help with your criminal case or drunk driving charges, Matthew can help. Matthew also has offices throughout Southern California so if you are looking for a DUI attorney in Long Beach we can assist you.
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