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Recent Posts
- MUST a Marine Corps Reservist self-report a DUI Arrest that occurred while the Marine was NOT on duty (in status)?
- Can Physical Ailments Such As Long Covid Cause False Positives During Field Sobriety Tests?
- The DMV Must Prove A Driver Was Properly Admonished Of The Consequences In Order To Suspend A License For A Refusal
- If you have been recently arrested for DUI and plan on traveling to Canada, you may face some obstacles.
- Were You Arrested For DUI and “Submitted” To a PAS Breath Test? You May Need To File A Motion To Suppress
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Author Archives: thetorranceattorney
MUST a Marine Corps Reservist self-report a DUI Arrest that occurred while the Marine was NOT on duty (in status)?
Discussion- The Navy has a NAVINSTR-, Nav Instruction, that MANDATES that Sailors (and Marines too), self-report ANY arrest or criminal charge. I used the term MUST above because it is the basis of a criminal charge. That is, if the … Continue reading
Can Physical Ailments Such As Long Covid Cause False Positives During Field Sobriety Tests?
The PAS requires a certain amount of breath pressure before it will capture a sample of breath suitable for a BAC result. Many folks have physical limitations or breathing problems that limit their ability to perform. For example, if a … Continue reading
The DMV Must Prove A Driver Was Properly Admonished Of The Consequences In Order To Suspend A License For A Refusal
When a driver was not admonished in compliance with Vehicle Code section 23612(a)(1)(D), because the officers improperly read the admonition or misstated the admonition, a refusal finding cannot be sustained at a DMV hearing. Decker v. Department of Motor Vehicles, … Continue reading
If you have been recently arrested for DUI and plan on traveling to Canada, you may face some obstacles.
For context, Canadian immigration officials sometimes ask foreign nationals entering by foot, car, bus, train, boat, or plane whether they have ever been arrested. By the official’s training, experience, and hunches, follow-up questions would depend on the traveler’s answer and … Continue reading
Were You Arrested For DUI and “Submitted” To a PAS Breath Test? You May Need To File A Motion To Suppress
In many cases the police take a breath sample in the field (PAS, short for preliminary alcohol screening) and fail to properly advise the person of their right to refuse under California law. Because the officer is seeking a sample … Continue reading
Arrested For DUI, Do You Need A Criminal Defense Attorney Or A DUI Lawyer?
In California the charge of driving under the influence is a misdemeanor criminal offense unless someone is hurt or the accused has more the 3 priors in the last 10 years. The offense carries stiff penalties such as potential jail … Continue reading
Does a Pilot Need To Report A Refusal to the FAA?
The answer to this question requires a brief discussion laws, rules and regulations. First, 14 Code of Federal Regulations (CFR) 61.15(e) requires that everyone holding a pilot’s license report motor vehicle actions (see 61.15(c) for definition but it includes DWI/DWAI … Continue reading
Torrance Criminal Defense Attorney Matthew Ruff Explains Domestic Violence Laws in California
Anyone facing an upcoming DV criminal charge can easily be confused, scared and unsure of what the future holds, this article will explain the various domestic violence charges that can be filed against a person in the Torrance Court. The … Continue reading
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I Got A DUI in Texas But I Am Moving To California, What Will CA Do?
Here is the scenario: Client has a pending DWI in Texas. He currently has a Texas Driver’s license but he is living in California. If he sits out his 6 month license suspension in Texas and then Applies for a … Continue reading
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Motion To Exclude Use Of Term “Drug Recognition Expert” (DRE) at Trial.
A Drug Recognition Expert (DRE) is a cop who has taken a specialized training course. According to the training manual, “The Drug Recognition Expert course is a series of three training phases that, collectively, prepare police officers and other qualified … Continue reading
Matthew Ruff, Criminal Defense Attorney 