Case Spotlight: How Attorney Matthew Ruff Beat a Tehachapi DUI & Saved His Client’s Driver’s License
When facing a Driving Under the Influence (DUI) arrest in Kern County, the legal process moves swiftly. Drivers face two distinct legal hurdles: a criminal court process with the Kern County District Attorney’s Office and an administrative license suspension process through the California Department of Motor Vehicles (DMV) Driver Safety Branch.
Top Tehachapi DUI Defense Attorney Matthew Ruff recently secured a complete triumph for a client arrested in Tehachapi, California, demonstrating how keen legal analysis and strict evidentiary objections can defeat a DMV license suspension.
Here is an analysis of how the defense uncovered crucial flaws in the law enforcement paperwork to protect the client’s driving privileges.
The Background & Arrest
The incident occurred late at night near Highway 58 and Tucker Road in Tehachapi, California. An officer with the Tehachapi Police Department reported observing a vehicle exit the freeway off-ramp at a low rate of speed, brake sharply, and make a last-second turn. The officer followed the vehicle as it traveled 30–35 MPH in a 45–50 MPH zone on Tucker Road.
After initiating a traffic stop, the officer noted objective symptoms of impairment (bloodshot/watery eyes, slurred speech, and an odor of alcohol). Following Standardized Field Sobriety Tests (SFSTs), a Preliminary Alcohol Screening (PAS) test yielded a 0.096% BAC. The driver was arrested and administered two evidential breath tests using a Dräger Alcotest 7510 device, which recorded BAC readings of 0.100% and 0.088%.
The officer issued an Administrative Per Se (APS) Order of Suspension/Revocation and forwarded the official report (Form DS 367) to the DMV.
Key Legal Strategies Used by Matthew Ruff
To uphold an Administrative Per Se suspension, the DMV bears the legal burden of proving by a preponderance of the evidence that the officer had reasonable cause to stop/arrest the driver and that the driver operated a vehicle with a BAC of 0.08% or greater.
Attorney Matthew Ruff filed a detailed Administrative Hearing Brief directly challenging the DMV's evidence on multiple foundational grounds:
1. Defective Officer Certification (Title 17 Non-Compliance)
The cornerstone of any chemical test admission is proof that the test was properly administered by a trained, qualified operator in accordance with Title 17 of the California Code of Regulations.
On the official DS 367 Officer’s Statement, the Breath Test Machine Operator's Certification section was left blank—lacking the arresting officer’s signature and certification.
The Strategy: Matthew Ruff argued that without a signed certification, the DMV lacked foundational proof that the officer was qualified to operate the breathalyzer or that Title 17 procedures were followed. Citing Daniels v. Department of Motor Vehicles (1983) and People v. Adams (1976), Ruff established that the uncertified test results lacked competency, reliability, and trustworthiness.
2. Inapplicability of Evidence Code 664 Presumptions
Under California law, Evidence Code § 664 allows the DMV to presume that an official duty was regularly performed.
The Strategy: Ruff asserted that the presumption of regularity under EC 664 does not apply unless the DMV first proves the officer was properly trained and qualified pursuant to Vehicle Code § 13380. Without a signed certification on the DS 367, no such presumption could be used to cure the defect.
3. Inadmissibility of PAS Results as a Substitute
Because the evidential breath test was flawed, the DMV could not simply substitute the preliminary (PAS) breath result of 0.096% to support an over-0.08% BAC finding. Citing Coniglio v. Department of Motor Vehicles (1995), Ruff noted that numerical PAS test results are legally inadmissible to prove an over-0.08% BAC in an administrative hearing unless full Title 17 foundational compliance is independently established.
4. Unlawful Traffic Stop & Lack of Probable Cause
Ruff also challenged the legality of the initial detention under Whren v. U.S. (1996) and Dibble v. Gourley (2002).
The officer noted no Vehicle Code violations, stopping the driver solely for driving 30–35 MPH in a 45–50 MPH zone on an empty road and taking a turn sharply.
Under Vehicle Code § 22400, driving below the speed limit is not a crime unless it actively blocks or impedes traffic. Citing Taylor v. Department of Motor Vehicles (1995), Ruff pointed out that minor, non-violative unusual driving behavior does not provide valid reasonable suspicion for a traffic stop.
The Verdict: Total Victory at the DMV
Following the submission of Matthew Ruff’s brief and hearing argument, the DMV Legal Affairs Division (El Segundo Driver Safety Office) issued an Order of Set Aside or Reinstatement.
The DMV set aside the license suspension under Vehicle Code § 13353.2, clearing the driver to retain full driving privileges without paying reissue fees or maintaining SR-22 insurance.