Tag Archives: can you win a refusal

Matthew Ruff Defeats DUI “Refusal” Suspension by Challenging Unsanitary Hospital Conditions

Matthew Ruff, a leading DUI attorney in Torrance, achieved a monumental victory for his client in a high-stakes DMV Administrative Hearing. Through a meticulous legal challenge, Matthew successfully argued that the client’s decision to refuse a blood draw under unsanitary conditions was a legally protected objection, rather than a mere refusal. This victory, secured by leveraging the landmark California case Ross v. DMV, demonstrates the importance of ensuring driver safety and the right to assurances during traffic stops. The DMV Hearing Officer was presented with compelling evidence that the arresting deputies failed to meet their statutory obligations, including providing factual basis for breath test availability and substantiating the claim of recanted consent. As a result, the DMV issued an official Order of Set Aside, vacating the one-year Continue reading

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Reinstating Your License After a DUI: The “Helmandollar Acquittal” Strategy

DUI cases in California often involve a challenging administrative battle with the DMV. Master of DUI Defense Attorney Matthew J. Ruff’s expertise in handling Helmandollar Acquittals can help reinstate driving privileges even after an APS hearing suspension. This legal maneuver leverages Vehicle Code §13353.2(e) to ensure criminal acquittals override DMV decisions. Continue reading

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The DMV Must Prove A Driver Was Properly Admonished Of The Consequences In Order To Suspend A License For A Refusal

When a driver faces DUI charges, it’s crucial to understand how misleading admonishments can impact your case. In Decker v. DMV, the California Supreme Court emphasized that accurate warnings are essential for sustaining refusal findings. Learn how this landmark case shapes your defense strategy. Continue reading

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