Just this week Attorney Matthew Ruff received the decision from the DMV Court reinstating his client’s drivers license after he successfully argued the evidence was insufficient to establish the .22 Breath Test Results were reliable. The case occurred in Long Beach where the client crashed his car and was arrested after police observed slurred speech, odor of alcohol, unsteady gait and bloodshot eyes. Below is the actual Police Report and Sworn Officer Statement with the 4 breath test results as high as .22 BAC:

Matthew has 3 decades experience fighting Long Beach dui breathalyzers and used that experience by defending the client at the DMV Court and presented arguments the high breath test results were not reliable to show the actual blood alcohol level at the time of driving (rebutting the 3 hour presumption).

At the hearing Matthew argued “It is axiomatic that the State of California bears the burden of proving the facts necessary to support the suspension of a driver’s license. See Daniels v. Department of Motor Vehicles, (1983) 33 Cal. 3d 532, 536, (“The burden of proving facts necessary to support a suspension of a license rests with DMV. Until the Government has met its burden of producing competent evidence necessary to establish a prima facie case, the licensee has no duty to rebut the allegations or otherwise respond.” [Italics in original]), and that one of the elements which must be proven by the Department is that the licensee’s BAC was .08 or higher at the time of driving. Yordamlis v. Department of Motor Vehicles, (1992) 11 Cal. App. 4th 655, 661 (FN 5), (“…suspension under section 13353.2 depends on proof of a BAC at the time of driving, not on proof that the driver was under the influence.” [Emphasis added.]). The Department has not met its burden in this matter.” The DMV Judge agreed with Matthew and set aside (dismissed) the case, reinstating the client’s drivers license. See the actual decision below:

If you or someone you know has been arrested for drunk driving or DWI, call Top Long Beach DUI Defense Attorney Matthew Ruff for a consultation and discreet evaluation of your case.

If you have been arrested for drunk driving or DWI and need a DUI Attorney in Long Beach, the choices for experienced lawyers are limited. Matthew is one of the few who are “Top Tier” rated with over 30 years experience.

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