Professional License Endangered by a DUI
“David” (not his real name) is a driver for a public transit
agency and has done so for many years. It’s a good job, pays well,
is stable and allows him to support his family. One day, he made an unfortunate
mistake on his personal time. David came to us with a pending DUI Charge.
It was imperative David win both his DMV administrative hearing and his
DUI court case. As a professional driver, losing in either forum would
cost him his job and his career.
He retained our services.
We fought David’s case
We fought the district attorney’s office over the right to be provided substantial discovery related to the blood analysis, and obtained it. The fight went on.
We fought the district attorney’s office over the legality of the traffic stop leading to his arrest, and lost when the judge would not consider the traffic stop video. We kept fighting.
We fought the case to a jury trial. The jury hung with 11 for Not Guilty and one for Guilty based on our cross examination of the Officer and Criminalist. The trial should have been a Not Guilty Verdict and the District Attorney knew it – and told the Judge, “CASE DISMISSED”.
The DMV refused to drop the matter
We then fought the DMV. The DMV-employed and trained hearing officer didn’t get it – he didn’t care that there were no criminal charges. Despite losing the administrative per se hearing, we kept fighting. We filed an administrative writ in the Superior Court (similar to an appeal) challenging the DMV hearing officer’s decision. Shortly after filing the writ, we were contacted by the Attorney General’s office informing us us they were dismissing the DMV Case – and making the dismissal date retroactive so there would be no suspension on David’s record!
David still has a career he loves, and no stain on his valuable driving record. Let us fight for you or someone you know. Call today at (925) 900-5330.
Defective BAC units used by law enforcement
Did you know a common breath test device used for DUI prosecutions in Northern California was defectively manufactured? The Department of “Justice” for the State of California ordered 1000 units of the EPAS Alco Test 7410 manufactured by Drager Safety Diagnostics. Shortly thereafter the DOJ found out that the device was defective. The defect was that if the exit-port on the mouthpiece was capable of being inadvertently blocked by the officer holding the device during the administration of the breath test. The affect; artificially increase the breath test result.
The California Department of Justice continues
to allow defective Drager units to be used by
law enforcement during DUI stops.
Recently in a jury trial, we got the criminalist to admit that he personally tested the device and received illegal results when the true blood alcohol concentration level was below the legal limit. He admitted a person with a legal blood alcohol level could be arrested and falsely convicted of a DUI. The DOJ ‘acted swiftly’ when they learned of the defect. They sent out a memo to the agencies telling the officers to be careful not to block the exit port. The state did not take the units out of service or demand the manufacturer fix the design flaw or replace the units. Amazingly, those estimated 1000 units are still in service right now. And of course, no officers have been notified of the memo.