Just last week Top Tier DUI Attorney Matthew Ruff was successful in winning a drunk driving case out of Torrance California after he showed the DMV that Police acted unlawfully by stopping, detaining and arresting his client based on an anonymous 911 call.
The case was based on a report made from an anonymous caller who saw a truck “swerving” and “almost striking vehicles”. The police responded and located the truck. A stop was made and the client was arrested after failing field sobriety tests. A breath test was given showing a .16 BAC, twice the legal limit. The police never independently observed any suspicious driving or violations of the law. The client had his license taken and was given a Court date. A copy of the officer’s sworn statement is shown below:
Torrance DUI Report
Matthew was hired and immediately demanded a DMV hearing to challenge the arrest and suspension of the client’s license, prior to getting into Court. At the hearing Matt argued the arrest, based on the anonymous 911 call, was unlawful. Matthew cited legal authority to support his contention and presented testimony from his client. Among other things, Matthew contended “No personal observations of criminal activity or traffic violations of any kind were made by the officer. The bare bones anonymous civilian tip was clearly insufficient to justify the stop and detention in this case”.
The case originated when his client was involved in a traffic collision in Long Beach. The client was visiting the Los Angeles area for work at one of the local refineries. Unfortunately, police found a loaded handgun inside his truck and arrested him. The case was submitted to the DA who filed FELONY charges alleging the gun was not registered. The DA assigned to the case also believed the client was DUI based on admission to drinking at Hooters prior to the collision.
The client was facing loss of his job as a welding inspector. The client had a TWIC (TSA Worker Credential) card that was going to be disqualified due to the felony charge. Matthew was not going to allow this to happen. He fought the case and presented evidence to the Court that the DA improperly charged his client, who was not a resident of California. The client’s only criminal record was a DUI in Texas.
The DA handling the case also falsely insinuated the client was driving under the influence in this case, without any evidence to support it. The offer from the DA was: Plead to a Felony and become a convicted felon for 2 years formal probation and 60 days Caltrans and AA meetings. Matthew promptly rejected that offer and made a motion in Court to drop the charges, arguing there was insufficient evidence to prove his client guilty of any felony.
At the hearing on the motion, the judge agreed with Matthew and dismissed the felony!
Attorney Matthew Ruff Outside Court With His Client After Getting Felony Charges Dropped Client Review of Attorney Matthew Ruff Posted After Felony Gun Charges Dropped in Long Beach Court
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:
Actual Decision (Redacted for privacy reasons) Exonerating Client of DUI
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 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.
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.
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:
Actual DUI Police Report and Officer Statement
Matthew defended 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:
Actual DMV Decision Reinstating License
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.
Not all cases go to trial. Most are resolved by way of a plea, negotiated disposition or dismissal for insufficient evidence. However, in some cases a jury trial is necessary to obtain a favorable result.
In this case, Top Tier DUI Lawyer Matthew Ruff defended an underage driver (under 21) charged with DUI and driving above .08 BAC. The specific blood alcohol level was .11/.11 as reported by the breathalyzer.
The jury came back in less than 1 hour with a verdict of NOT GUILTY on both counts after Matthew’s closing arguments. The actual court verdict record is shown below:
Matthew Obtains Acquittal of DUI Charges
Matthew Ruff is a Top Tier DUI Lawyer in Southern California with over 30 years experience. If you were arrested and need a Los Angeles DUI Attorney, contact Matthew for a consultation.
If you need more information about the process of fighting a Drunk Driving Charge or general information about California DUI Laws, visit Matthew’s other websites and blog.
The revocation of an F1 student visa on the basis of a criminal arrest falls within the discretion of the U.S. State Department. The extent to which the State Department takes such discretionary action varies from administration to administration.
Under the current administration the policy has been to revoke student visa status of some students arrested in this country for DUI. The US Consulate may revoke non-immigrant visas based on a charge of driving under the influence. Deportation resulting from a criminal conviction can also occur in some cases.
In addition, students from all across the nation are losing their visas with little or no explanation, some being detained on the street by plainclothes officers and finding themselves subject to accusations reserved for terrorists
When a non-immigrant visa holder (including F-1’s) suffers a criminal arrest (including DUI), immigration attorneys always tell them that their visa may revoked, but that does not necessarily mean they need to leave the country. It means they can stay through the expiration date of their visa, but they can no longer leave the country and then try to return. After expiration or departure, they will need to apply for a new visa.
The bigger issue is the concurrent, and unlawful, termination of SEVIS records (Student and Exchange Visitor Information System), which severely affects the students’ ability to continue their studies in the United States and work experience through OPT.
What Should an F1 Student Visa Holder do if they are arrested for DUI?
First, any international student charged with driving under the influence should contact their Designated School Official (DSO) and report the incident. A non-citizen student visa holder should immediately seek legal counsel if they are arrested for any crime, including DWI. The consequences a conviction or suspension of driving privileges could have on their ability to stay in the United States is very significant. The help of a criminal defense attorney is crucial to ensure a favorable outcome.
In addition, ICE agents are also detaining non-citizens in local jails charged with DUI before they have been convicted of the charges they were arrested on. What is happening right now, in the view of many legal scholars, at present, is a scare tactic designed to get international student visa holders and other noncitizens to freak out and self-deport.
Similar things are happening for folks in this country on tourist visas. My experience has been with Mexican nationals, when they have a pending DUI and the Department of State finds out about the pending charge, their tourist visa is revoked and the DOS sends them an email as well as a letter to their listed residence in Mexico advising of the same. I have had clients who were returned to Mexico at the border and their tourist visa taken away due to pending DUI charges.
The current administration has ramped up efforts to impose severe consequences on those with visas who commit crimes of any kind in the United States.
This year attorney Matthew Ruff is celebrating his 30th year as a defense attorney in the state of California.
Matthew Ruff Outside Court With a Colleague Matthew Ruff Outside Court After a Case Win!Matthew J Ruff Outside Court After Getting DUI Dismissed!
Matthew J Ruff, DUI Attorney has represented over 2000 clients in cases throughout California. His level of experience and expertise is unparalleled and his relationships with prosecutors and Judges in all local Courts permit him to obtain the best outcomes for his clients.
Not every case that Torrance DUI Attorney Matthew Ruff defends ends with a dismissal, that outcome is based on the particular facts and circumstances, however in this case Matt was able to get a 3rd time DUI DISMISSED pursuant to a negotiated plea in Los Angeles Superior Court.
The case involved charges of driving under the influence with 2 priors, driving on a suspended license, and driving with a BAC above .15%.
Faced with the challenge of fighting such a case, the attorney filed a motion to suppress, seeking to attack the lawfulness of the arrest (Pursuant to PC 1538.5). Matthew argued the police violated his client’s 4th Amendment rights. The District Attorney reached out to Matthew to discuss a settlement after they were faced with defending the motion. A negotiated disposition was reached to dismiss all charges and add 1 count of reckless driving for a fine and no jail time.
The actual redacted Court record of the negotiated disposition dismissing 3rd time DUI charges is shown below:
DUI Charges Dismissed
The outcome avoided the severe mandatory consequences of a minimum 120 days in jail, 5 years probation, revocation of drivers license, long term ignition interlock, among other things.
Matthew Ruff is a Top Tier Defense Attorney with 30 years experience, if you are looking for a DUI Attorney in Hermosa Beach or any other city in Southern California, contact Matt for a consultation.
This morning Matthew was able to get driving under the influence charges (with refusal enhancement) and hit and rundismissed in Los Angeles Superior Court following a nearly year long battle with the District Attorney’s Office.
The case was ultimately resolved for a “wet reckless” plea on the day of trial after Matthew filed a motion to suppress challenging the stop and arrest (PC 1538.5)
The actual Court transcript is shown below:
DUI and Hit and Run Charges Dropped!
The case involved allegations the client crashed her car and fled the scene. Deputies observed her vehicle driving erratically with extensive collision damage. The client was detained after officers observed slurred speech, unsteady gait, odor of alcohol and trouble standing. Deputies reported she made incriminating statements, failed field sobriety tests and later refused a chemical test.
The following is an excerpt from the arrest report: “ As we approached the vehicle, we saw the driver and sole occupant swaying her head back and forth. Deputy immediately smelled the strong odor of an alcohol beverage emitting from her breath and person, she began slurring her words, when Deputy asked how much she had to drink tonight she responded, “a lot”. We ordered her to step out of the vehicle. Due to her level of intoxication and slightly stumbling, we assisted her to the front bumper of our patrol vehicle.”
Matthew fought the case relentlessly by filing discovery and pre-trial motions alleging violations of his client’s constitutional rights. The DA finally capitulated, agreeing to drop both DUI and Hit and Run charges and allow a no contest plea (without admitting guilt) to a lesser charge, thereby avoiding the dreaded ignition interlock (IID) among other things.
The outcome of any given are is dependent on the specific facts and circumstances of that case and the level of litigation a client commits to. Nothing on this site is intended to constitute a guarantee of the outcome of your particular case. For a discreet discussion of your particular case, contact Top DUI Lawyer Matthew Ruff for a consultation.
Matthew Ruff is a Top Tier DUI Lawyer in California. If you are looking for a law firm to help with your criminal case or drunk driving charges, Matthew can help. Matthew also has offices throughout Southern California so if you are looking for a DUI attorney in Long Beach we can assist you.
