Ordinarily an arrest for driving under the influence is followed by the officer taking the driver’s license and reporting the arrest to the DMV for a suspension of the person’s driving privileges. However, hiring an experienced lawyer immediately can help to change that result. By hiring the right lawyer the suspension can be stopped (stayed) and ultimately may result in the suspension being set aside.
This case is an example of how Top Tier DUI Lawyer Matthew Ruff can help a person arrested for drunk driving when hired early.
This particular case originated in the city of Palos Verdes Estates California, but is not that different from hundreds of other cases Matthew has handled throughout Los Angeles County.
The case involved a young pilot who was arrested in PVE.
The following is a documentation of the case from start to finish:
The Arrest (The actual arrest report)
The client was arrested and submitted to a blood test. He was subsequently released after spending the night in jail. The client then hired Matthew. A hearing was demanded and at the hearing Matthew argued for a set aside (dismissal) of the license suspension due to a delay in the DMV obtaining the blood results in a timely manner.
The Argument Presented
The DMV tried to postpone the hearing in order to obtain the blood test results, Matthew objected. He argued that the proponent of the evidence must show efforts made and that these efforts satisfy the requirement of “due diligence” and the DMV took “Reasonable Steps” to obtain the evidence prior to the hearing. Matthew inquired How many written requests were made and any Follow Up, why wasn’t a subpoena duces tecum (SDT) served? The DMV could not adequately address these concerns. Matthew cited the case of California DUI Lawyers Assn. v. Department of Motor Vehicles (2022) 77 Cal.App.5th 517, and Title 13, 115.13 (c) (3), as an additional basis to not permit the DMV to have more time to get evidence against his client.
The Results (The Actual DMV Decision)
Matthew Ruff is a Top Tier DUI Attorney with over 30 years experience fighting and winning cases for his clients.
The win was particularly important for the client, a young pilot, who would have had to report the license suspension to the FAA. The consequences of a DUI drivers license suspension are quite harsh for anyone licensed as a pilot with the FAA.
If you were arrested in Los Angeles or need a Palos Verdes DUI Attorney to assist you in the very difficult time following an arrest and prosecution for DWI, Matthew can help.
This case is an example of the results Matthew Ruff has obtained for his clients, however every case is different and hiring Matthew does not guarantee a particular result as the facts and circumstances in every case varies.
Pilot Reporting Requirements following a dui arrest.
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