Vindicated in Torrance Court: How Defense Attorney Matthew Ruff Secured a Not Guilty Verdict in a P.C. 243(e)(1) Trial

Facing domestic violence charges in California can feel like an uphill battle. When an allegation of Penal Code 243(e)(1)—battery on a cohabitant or dating partner—is filed, defendants often face harsh protective orders, jail time, and lasting damage to their personal and professional reputations. However, an allegation is not a conviction, and the right legal defense can make all the difference.

Top Torrance Domestic Violence Defense Attorney Matthew Ruff recently demonstrated this in Torrance Court, taking a client’s domestic battery case all the way to a jury trial and securing a complete acquittal.

The Background: An Escalating Dispute and Unreliable Claims

The case stemmed from a late-night argument between dating partners. According to defense records, the incident began following a series of disagreements over finances, transportation, and relationship dynamics. While driving, the complaining witness made provocative statements that led to a brief physical interaction—a reactionary tap to the cheek with an open hand, without any intent to inflict pain or injury.

The situation rapidly escalated when the complaining witness exited the vehicle, called 911, and claimed she was assaulted. Sheriff’s deputies responded shortly after, arresting our client at his home.

While in custody, the client learned the full extent of the allegations: the complaining witness had claimed to law enforcement that he struck her in the face with a closed fist, causing injury. Facing serious misdemeanor charges, a mandatory restraining order, and displacement from his home, the client placed his trust in defense attorney Matthew Ruff to fight the charges in court.

The Defense Strategy: Exposing the Flaws

Building a successful trial defense required systematically dismantling the prosecution’s narrative:

 Highlighting Inconsistencies: The defense meticulously compared the complaining witness’s statements to law enforcement against the physical evidence and the defendant’s consistent, truthful statements regarding the nature of the contact.

 Demonstrating Lack of Intent & Injury: Under California law, a conviction for P.C. 243(e)(1) requires proof beyond a reasonable doubt of willful and unlawful force. The defense demonstrated that there was no intent to cause harm or injury, directly challenging the state’s claim of a violent assault.

 Exposing Motive & Post-Incident Conduct: Despite obtaining a protective order, the complaining witness reached out to the client via text message shortly after the incident. Pointing out this post-incident communication helped reveal the underlying dynamics and credibility issues surrounding the allegations.

The Verdict: Acquitted by Jury

Defense Attorney Matthew Ruff Wins Acquittal

The case proceeded to a full jury trial in the Torrance Courthouse before the Honorable Judge George F. Bird.  

After evaluating the testimony, cross-examinations, and evidence presented by Matthew Ruff, the jury returned its verdict:  

 Count 01 [P.C. 243(e)(1)]: NOT GUILTY / ACQUITTED BY JURY  

 Court Action: The defendant was immediately discharged, the bail bond was exonerated, and the protective order was terminated.  

Stand Up for Your Rights

Domestic violence allegations are sensitive, complex, and carry heavy burdens of proof that the prosecution must meet. This case highlights the crucial role of experienced legal representation in challenging uncorroborated allegations and protecting the accused.

If you or a loved one are facing domestic battery or assault charges in the South Bay or Los Angeles area, contact criminal defense attorney Matthew Ruff today to discuss your legal options and protect your future.

Matthew Ruff is a Torrance Criminal Defense Lawyer with over 30 years experience.

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How a Violation of California Vehicle Code § 23614 led to a Full Long Beach DUI Dismissal

Long Beach DUI Attorney Matthew Ruff

When facing a driving under the influence (DUI) charge in California, most people assume that a breath test reading above the legal limit guarantees a conviction. However, law enforcement officers must strictly follow the law when gathering evidence. Under California Vehicle Code (VC) § 23614, ignoring a driver’s statutory right to retest evidence can dismantle the prosecution’s entire case.

In a recent DUI matter stemming from a stop on the I-405 in Long Beach, a strong legal defense surrounding VC § 23614 successfully challenged the admissibility of chemical test evidence and protected the driver’s rights.

Understanding California Vehicle Code § 23614

When an officer conducts a DUI investigation and a driver elects to take a breath test, California law mandates specific advisements. Because standard evidential breath testing devices do not store a physical sample for independent analysis, VC § 23614 requires officers to inform drivers of their right to provide a blood or urine sample to be retained for later retesting at no cost to them.

The statute explicitly mandates:

“If the person completes a breath test and wishes to provide a blood or urine sample to be retained, the sample shall be collected and retained in the same manner as if the person had chosen a blood or urine test initially.”

Under California law, the word “shall” renders this duty non-negotiable. It is not a suggestion; it is a mandatory legal mandate.

The Long Beach Case Breakdown

During an early morning investigation following a call on the I-405, a driver was stopped by law enforcement. The officer read the required VC § 23614 chemical test advisement:

  • The Advisement: The officer explicitly asked the driver if they wished to provide an additional blood or urine sample for preservation.
  • The Response: The driver checked “YES” and verbally requested that an additional sample be collected and retained.
  • The Violation: Despite the clear request, the officer failed to facilitate the collection of a blood or urine sample.

The officer proceeded solely with the breath test results (which registered at .12/.12, well above the 0.08% BAC legal threshold) and neglected the statutory requirement to retain an independent sample.

Key Legal Arguments That Dismantled the Prosecution’s Case

Long Beach DUI Defense attorney Matthew Ruff filed a comprehensive legal memorandum pointing out several fatal flaws in the state’s case:

1. Violation of Fundamental Due Process

Under established California case law (Brown v. Municipal Court), denying an accused driver the opportunity to procure an independent, retained sample prevents them from obtaining exculpatory evidence necessary for their defense. Destroying or failing to collect this sample deprives the driver of due process under the law.

2. Rebutting the Presumption of Official Duty Regularity

Under California Evidence Code § 664, courts generally presume that law enforcement officers perform their official duties correctly. However, showing that an officer explicitly ignored mandatory duties under VC § 23614 rebuts this presumption. Once the defense demonstrates a complete failure to comply with statutory collection and sample retention mandates, the burden shifts back to the government to independently prove the accuracy and foundation of the breath test without relying on the officer’s sworn statement.

3. Breach of Title 17 Sample Retention Mandates

Title 17 of the California Code of Regulations sets strict procedures for scientific evidence handling, requiring retained blood or urine samples to be stored for one year to allow independent defense testing. By failing to collect the requested sample after a breath test, the officer completely bypassed these mandatory retention safeguards.

4. Challenging Probable Cause & Video Discrepancies

Beyond the statutory violation, defense counsel analyzed the officer’s narrative against the actual footage. While the arrest report claimed the driver showed “slurred speech” and lost balance during field sobriety tests, the video evidence told a different story:

  • The driver showed calm, cooperative behavior and understood complex instructions.
  • Environmental distractions (strobe lights from highway patrol vehicles, performing balance tests barefoot on cold asphalt next to active highway traffic) offered clear alternative explanations for minor physical deviations.
  • Fatigue from being awake since the previous day explained minor physical tire rather than alcoholic impairment.

The Outcome: Dismissal of DUI Charges 

Because the arresting officer violated VC § 23614 by failing to preserve a sample after the driver requested it, the appropriate legal remedy was the total exclusion/suppression of the breath test results.

However, before the case got to the judge ruling on the motion, Long Beach DUI Lawyer Matthew negotiated a full dismissal of the DUI and driving above .08 for a plea to reckless driving.

Takeaway for Drivers

Police officers are held to strict standards when conducting criminal investigations. If an officer fails to observe your statutory rights—such as ignoring your request for a retained secondary sample under VC § 23614—the evidence against you can be declared inadmissible.

Matthew Ruff is a renowned DUI lawyer with 30 years experience, known in the legal community as the “Master of DUI Defense”. If you or someone you know is facing DUI charges in Long Beach or Southern California, having an attorney who understands the procedural nuances of the Vehicle Code and California due process can make all the difference.

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Serious Felony Gun Charges Dismissed in Long Beach Superior Court

Attorney Matthew Ruff Wins Felony Firearm Case

In a victory for the defense, Long Beach criminal defense attorney Matthew Ruff successfully secured a complete dismissal of serious felony gun charges against a client facing prosecution in the Los Angeles County Superior Court.  

The client had been charged with two severe offenses:

 Possession of a Firearm with a Prior Violent Conviction (Penal Code § 29900(a)(1))  

 Possession of a Firearm by a Felon (Penal Code § 29800(a)(1))  

Both charges carried potential state prison time and were predicated on a prior incident dating back to 1997.  

The Legal Strategy: Uncovering the Truth in the Court Records

The prosecution argued that the defendant’s 1997 assault conviction (Penal Code § 245(a)(1)) prohibited them from owning or possessing firearms. However, upon a thorough review of the client’s prior court history, Los Angeles Gun Charges Attorney Matthew Ruff identified a critical defect in the District Attorney’s complaint.  

Back in May 2004, the Southwest District Superior Court in Torrance had formally granted a motion reducing the 1997 charge to a misdemeanor pursuant to Penal Code § 17(b)(3), set aside the conviction, and dismissed the case under Penal Code § 1203.4.  

Under California law (and supported by binding precedent in People v. Gilbreth), once a “wobbler” offense is reduced to a misdemeanor under Penal Code § 17(b), it becomes a misdemeanor for all purposes. Consequently, the conviction could no longer serve as a foundational “prior felony” element required to prove firearm possession by a felon or violent offender.  

A Complete Victory for the Accused

Matthew Ruff uncovered the truth and filed a motion using the newly found evidence. By filing a Motion to Dismiss pointing out that the state could not satisfy a material element of either charge, Matthew Ruff demonstrated that the defendant was not legally a “felon” at the time of the alleged incident.  

Recognizing the defect in the charges, the defense motion was granted, resulting in the full dismissal of Case No. 26LBCF0008X (redacted for client privacy) in Long Beach. This result underscores the critical importance of hiring an experienced criminal defense lawyer who routinely examines historical records to protect client rights.

The dismissal was even more joyful considering that prior to hiring Matthew, the client was represented by a public defender who was pressuring the client to accept a plea bargain by the DA that would have sent him to prison for more than 5 years.

Matthew Ruff is a Top Tier Criminal Defense Lawyer and Long Beach DUI Attorney with over 30 years fighting and winning cases for his clients.

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