California DUI Attorney Matthew Ruff Secures Set Aside Order for Client Facing License Suspension
PASO ROBLES, CA — Attorney Matthew Ruff has successfully defended a Paso Robles resident against a license suspension following a Department of Motor Vehicles (DMV) Administrative Per Se hearing. The DMV has officially issued a Set Aside Order, effectively ending the suspension of the client's driving privileges.
The Case Details
The respondent was initially arrested for a violation of 21352 VC after a traffic collision in October 2001. Despite breath test results indicating a blood alcohol concentration (BAC) of .17%, Matthew Ruff successfully challenged the reliability and legality of the evidence presented.
Key Findings and Legal Strategy
During the hearing held on December 13, 2001, the defense highlighted critical procedural failures by the arresting agency:
• Failure to Follow Title 17 Requirements: While the arresting officer signed documentation claiming the breath test was completed pursuant to Title 17 requirements, he later testified that he was unaware of what those requirements actually were.
• Lack of Continuous Observation: Evidence revealed that the respondent was not under continuous observation for the mandatory 15-minute period prior to the administration of the breath test. During a critical 10-minute window, the officer was occupied securing the respondent’s vehicle while the respondent was seated in a patrol vehicle.
• Unreliable BAC Results: Due to the lack of continuous observation and the failure to adhere to Title 17 standards, the DMV determined that the .17% BAC results were not reliable.
The Outcome
As a result of these findings, the Driver Safety Officer concluded that the preponderance of evidence supported that the respondent was not driving with a BAC at or above 0.08%. The DMV has subsequently set aside the suspension resulting from the arrest.
About Matthew Ruff, Attorney at Law:
Matthew Ruff is a dedicated California defense attorney specializing in DUI cases and DMV administrative hearings. With a focus on technical accuracy and protecting the constitutional rights of his clients, he provides aggressive representation for those facing driving-related charges.
Master of DUI Defense Matthew Ruff has been winning cases for clients since 1995. His 30 years of success is chronicled with thousands of DMV reinstatements, dismissed cases and clean records.
