When it comes to the defense of a client, Top Criminal Defense Lawyer and DUI Attorney Matthew Ruff leaves no stone unturned to achieve justice.

In this case, in Los Angeles County, Matthew represented a client arrested after he was stopped following a 911 call made by another motorist reporting the vehicle to be “driving in and out of lanes”. A DUI investigation ensued and the client was placed under arrest after the deputy made observations of slurred speech, unsteady gait and poor performance on SFST. A PAS test was also given showing a BAC above the legal limit.

Following his arrest, the client gave a blood sample which reported a .11% BAC result, significantly over the .08% limit. The client’s license was confiscated with a suspension order served and he was given a court date. Matthew got involved and investigated the facts thoroughly. He determined the client may be innocent based on the drinking pattern he gave. You see, California requires the State prove the accused was actually driving with a BAC at or above .08, if evidence shows the BAC may have been lower at the time of driving vs. the results at the time of the test the person is not guilty of that charge. Matthew pursued this defense, known as a “retrograde extrapolation defense”, hired a toxicologist and presented evidence and argument at a formal hearing.

RESULT: Not Guilty! The DMV Judge agreed with Matthew and accepted his argument and presentation. The DMV set aside and dismissed the pending suspension, reinstating the license and cleared the client’s DMV record of the arrest. Attached below is a copy of the actual decision showing the Judge agreed with the rising BAC defense:

Matthew Ruff is a Top Tier DUI Attorney in Torrance California with 30 years experience using innovative and science backed defenses to achieve justice and win cases.

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