There are many advantages to hiring a local DUI Attorney in Hermosa Beach. Among the many benefits are that the lawyer knows the local practices and procedures and can identify mistakes and errors in the investigation. Just this month Hermosa Beach DUI Attorney Matthew Ruff won a DUI case out of Hermosa Beach California where the client was stopped for running a stop sign at the intersection of Pier Avenue and Bard Street in the city of Hermosa. The officer detected alcohol and slurring of speech and administered field sobriety tests which led to the arrest. A breath test was administered a total of four breath results were obtained, all reported a .12 BAC.

Matthew was hired and investigated the case thoroughly. During the investigation process Matt uncovered a significant violation of the standard evidence protocol and regulations requiring the officer to certify he was trained and qualified to operate the breath machine used in the case, a violation of Title 17 CCR. An actual redacted copy of the report is shown below ⬇️

The Legal Argument

Matthew filed a motion at the DMV Hearing arguing the breath test results, all 4 of them, should be suppressed. Specifically, Matt asserted the DMV has presented no foundation for the breath test results; that is, no evidence the test was administered in compliance with Title 17 or any evidence to establish that the test apparatus was in proper working order, the test was properly administered and the Hermosa Beach Police Officer was competent and qualified. (See People v. Adams (1976) 59 Cal. App.3d 559, 561, the evidence of blood-alcohol concentration in the present case therefore lacks “competency, reliability, and trustworthiness” (See Daniels v. Department of Motor Vehicles (1983) 33 Cal.3d 532). The DMV Hearing Officer agreed with Matt and threw out the case, reinstating the client’s license on the spot, see actual set aside order below ⬇️

Result – Case Dismissed! License Returned!

Torrance DUI Attorney Matthew Ruff has over 30 years experience fighting and winning DUI cases for clients in Hermosa Beach and throughout Southern California by finding and exposing violations of the California rules of evidence and scientific regulations (CCR).

California law requires that police officers follow evidential protocols and procedures in order to ensure the evidence is reliable and trustworthy, if these rules are not followed the law requires the evidence be suppressed and the case thrown out.

Should I Hire a Hermosa Beach DUI Lawyer for my case? It depends. If you are ok with having a driving under the influence charge in your permanent record and losing your drivers license for up to 2 years then not hiring a defense lawyer may be the right decision. However, if you want to do everything you can to avoid the consequences, Matt can help.

Arrested For DUI? Call ☎️ Matt 310-686-1533

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