Case Victory: How Attorney Matthew Ruff Secured a "Set Aside" in a High-Stakes DUI Case
When the stakes are high, the details matter. In a major win for his client, Attorney Matthew Ruff successfully challenged a DUI license suspension by exposing critical procedural errors made by law enforcement.
The Challenge: A 0.09% BAC Result
The client was arrested under Vehicle Code Section 23152 after a blood test recorded a 0.09% B.A.C. On the surface, the case seemed straightforward for the DMV—until Matthew Ruff stepped in.
The Turning Point: Exposing Title 17 Violations
Matthew Ruff’s defense centered on Title 17 of the California Code of Regulations, which dictates strict standards for the collection and handling of forensic blood samples.
Through rigorous cross-examination and evidence review, Ruff uncovered that:
• Missing Preservatives: The arresting officer testified he saw "nothing" in the blood vial prior to the draw. If the preservative was missing from the vial it would constitute a violation of the official standards.
• Improper Mixing: Evidence showed the vial was not shaken to mix the blood with the necessary anticoagulants and preservatives.
• Procedural Failure: Under Title 17 Sections 1219 and 1219.1, these steps are non-negotiable to ensure the sample doesn't ferment or produce a falsely elevated B.A.C. reading.
The Result: A Total Win
Because the integrity of the blood sample was compromised, Driver Safety Officer R. Leask determined the administrative action against the client’s driving privilege could not be upheld.
"Based on the preponderance of evidence... it is determined that respondent was NOT driving a motor vehicle at the time that the concentration of alcohol in his blood was at or above 0.08%."
Why It Matters
This case serves as a powerful reminder that an arrest is not a conviction. With an experienced attorney like Matthew Ruff, technical violations that others might overlook can become the key to saving your license and your future.
Facing a DUI? Don't leave your license to chance. Contact the Law Offices of Matthew Ruff—where 30 years of experience meets a proven track record of success.
The result in this case is unique to the facts and circumstances, nothing in this article should be taken as a promise or assurance that the result in any future case will be guaranteed.
