Tag Archives: Harvey Madden rule wins dmv refusal hearing

Winning a DUI refusal hearing at the California DMV is one of the hardest challenges in administrative law. Under California Vehicle Code § 13353, an alleged refusal to take a chemical test carries a mandatory 1- to 3-year license suspension with zero option for a restricted license. 
When an Imperial County driver was facing an automatic license suspension following a border contact, top-tier DUI defense attorney Matthew Ruff stepped in. By auditing the state’s evidence, Mr. Ruff exposed a critical flaw: the DMV failed to produce the foundational law enforcement report justifying the initial stop. Under California’s Harvey-Madden rule, an unproven stop renders the entire arrest and subsequent chemical test refusal legally invalid. Continue reading →