California DUI Attorneys ☎️ Call Toll Free 1-877-212-2090
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California DUI Attorneys ☎️ Call Toll Free 1-877-212-2090
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If you or a loved one has been arrested for DUI in Lancaster California Matthew can help. First, understand that a drunk driving case is not like a regular ticket in that you will not receive a courtesy notice in the mail. The paperwork you got when you were released has the Court date in the Antelope Valley Courthouse and that is all the notice you will be given. The good news is Matthew has over 25 years experience fighting DWI and can help you in your case.
☎️ Call Matt Direct at 661-327-7833
In a recent case Matt was hired to defend a client arrested for DUI after he crashed his car. Matt fought the case at the DMV by arguing the evidence showed the client was unlawfully arrested. He persuaded the hearing officer to set aside the suspension and the license was returned.
In another case Matthew fought a drunk driving charge for a commercial driver arrested on the 14 Freeway after a night of partying in the Antelope Valley. The CHP officer arrested the client and he was charged with VC 23152, a charge which would result in the loss of his commercial license. Matt went to jury trial and convinced the jury his client was NOT GUILTY.
Many DUI cases in Lancaster are by the CHP, however a fair number of arrests come from LASD. Our firm knows the way both agencies are trained and where the weaknesses are in their cases. For example, with field sobriety tests there are a myriad of ways to challenge the conclusion the officer makes after completion of the tests.
In another case our Law Firm defended a client arrested in Lancaster for DWI and Refusal to submit to a chemical test. The client was stopped for speeding and was taken out of her car after the deputy smelled alcohol on her breath. She allegedly failed field sobriety tests and was asked to take a breath or blood test, she refused. Our Lancaster DUI Attorney got the DA to dismiss the driving under the influence charges and the refusal allegation in Court.
Matthew also fights drunk driving cases involving prior convictions, second, third, fourth, even fifth time driving while intoxicated cases have been successfully resolved by our attorneys. In one case in the last month, Matt fought a 2nd Offense DUI near Lancaster and got the client NO JAIL in the case. Also, Matthew won the DMV hearing for the client and was able to save his drivers license from mandatory suspension.
In another recent case Matt was hired by a client after he crashed his motorcycle in the antelope valley. The client searched for the best dui attorneys in Lancaster and found Matthew Ruff. The lawyer got the reports and found a defense relating to the time of driving. At the DMV hearing he argued the suspension was unlawful and the hearing officer agreed, setting aside and dismissing the license suspension. In Court Matt got the criminal driving under the influence charges dismissed as well.
Matt has also defended commercial drivers charged with drunk driving. In one case he fought and won a case where his client was arrested on the 14 Freeway. The client had a high blood alcohol level and was facing a lifetime revocation of his CDL if convicted. Matt beat the case and saved the client from the certain loss of his commercial license and his livelihood.
What are some of the common field sobriety tests used in Lancaster and the surrounding areas? The most common is the walk and turn test (WAT). Others include the One Leg Stand (OLS) and the Horizontal Gaze Nystagmus (HGN), Walk and Turn (WAT), and Finger to nose test. All of these exercises have their shortcomings.
What Does a Lancaster DUI Lawyer Cost? It depends, the vast majority of cases can cost anywhere between $3500-$5,000 but can be more costly if the incident involves injury, the client has prior convictions or the chemical test results are at the aggravated levels. The best way to determine how much an attorney will cost in your case is to call and get a personal consultation of your particular facts.
Matthew was retained by a client arrested after he was involved in a traffic collision on the freeway near Santa Clarita. The client was a young student driving from Northern California towards Los Angeles when he rear ended another motorist, The CHP responded after the other driver called 911. When law enforcement arrived they observed the client was unsteady, had bloodshot and watery eyes and smelled of alcohol. Following a series of field sobriety tests the client was arrested for driving under the influence (VC23152). The client opted for a blood test and was taken to Henry Mayo Hospital for collection of the sample. Matthew was hired by the parents of the young man and a DMV hearing was requested. At the hearing Matt argued the blood results of .20% should be thrown out because the sample was collected in violation of the statutory requirements. The hearing officer agreed with Matt and the suspension was set aside (See actual DMV Decision above).
Actual DMV Decision
If you have been arrested for a DUI in Lancaster California call Matt Direct at 310-686-1533 for a discreet consultation about your options and an attorney viewpoint about your case. Surprisingly, California laws allow for those accused of drunk driving to challenge the breath or blood results by showing the testing was not accomplished in a manner approved by regulatory requirements. For example, if it can be shown that the officer failed to follow any of the written protocol set forth in Title 17 of the California Code of Regulations then a jury instruction is warranted advising the jurors that they may disregard the test result. In one recent case Matt convinced the jury his client was innocent by proving the arresting officer failed to proper observe his client continuously for 15 minutes prior to administration of the breathalyzer. If you are looking for a Lancaster DUI Lawyer call Matt today.
Did you know that mouth alcohol (from a burp or belch) can contaminate breath samples and lead to inaccurate readings? It’s true, the DataMaster DMT breath testing machine used in most of Los Angeles County may not always flag mouth alcohol as an invalid sample. Recent research shows that the DataMaster DMT produced invalid samples only 52% of the time when mouth contamination was present. The problem is the algorithm to detect contamination for mouth alcohol on the DMT (and likely other breath alcohol instruments) only catches it about 50% of the time. What this means is half of the people who take a breath test can be falsely accused of DUI!
Lancaster DUI Lawyer Matthew Ruff has fought and won breath tests for clients over the last 25 years. When done correctly breath testing can be a moderately accurate method to measure BAC in drunk driving cases. The major problem is there is a wide variation of error rates based on a number of reasons. The principal cause of error in breath testing is administration error meaning the officer fails to perform the necessary steps to ensure a reliable sample is collected. For example, California law requires the officer to continuously observe the subject for a minimum of 15 minutes prior to sample collection in order to rule out potential mouth alcohol contamination from a belch, burp or hiccup. This vital step is very often omitted and it can cause unreliable test results.
Interestingly, people with certain esophageal diseases such as GERD and chronic heart may not be good candidates for breath testing according to experts in the scientific community. The issue relates to the backward flow of stomach contents up into the throat which can be confused as coming from the deep recesses of the lungs where the sample is intended to be taken. In one case Matt obtained a not guilty at trial by showing his client fell into that category and his .15 BAC on the breath machine was faulty. Call Top Lancaster DUI Attorney Matt Ruff if you believe your breath results were not a proper reflection of your true blood alcohol level.
What if the officer finds me parked in my car on the side of the road? California law allows the District Attorney to prove “driving” using circumstantial evidence, therefore if the police can prove you drove to that location recently by using your statements and other evidence such as a warm hood then a prosecutor can move forward on a charge of driving under the influence even though driving was never observed. If the DA can prove the chemical test was done within 3 hours of the time of driving they will get a “presumption“ that the test results were reflective of the person’s true BAC at the time of driving.
5 Ways a Breath Machine Will Produce an Inaccurate Reading:
1. The subject has residual mouth alcohol contamination. The machine will produce a false high reading if the subject recently burped, has alcohol trapped in dental fixtures or recently used mouthwash.
2. The subject has a fever. The machine will read high if the subject is ill and has a higher than normal body temperature.
3. Radio Frequency Interference (RFI)
4. Breath Contamination (Acetone, Ether, Cigarette Smoke)
5. Breath Composition, the machine must capture a sample of deep lung air, if the sample is the top lung or too early in the breath exhalation the results are unreliable.
How can a Lancaster DUI Attorney help me in my case?
If you have been arrested in Lancaster CA and gave a breath test, call Matthew for a free case evaluation today. First, we will ensure all of the necessa records are obtained to challenge the test you gave. The fact is that most machines used to test for BAC will have the ability to break down and produce faulty results unless proper maintenance is performed. We will pour over the records and find any deficiencies in the testing process. Second, we will comb through the officer’s police report to make sure the proper procedures were followed. In Los Angeles County the breath machines are maintained by the LASD Crime Lab. Our team can compel that agency to produce ALL of the maintenance records, usage logs and calibration logs of the device used in your case. We scrutinize the documents and find any and all violations that can cause your case to be dismissed or reduced.