Recent DMV Wins- Set Aside Granted

Result: DMV License Suspension Set Aside

Documentation: images/dmv-wins/PDF 4.pdf

This was a lucky break for the Client since the chemical test was conducted more than three hours after the driving, but the DMV did not subpoena a toxicologist.  It was an oversight, but it resulted in a set aside for the Client!

Result: DMV License Suspension Set Aside

Documentation: images/dmv-wins/PDF 5.pdf

This was a case that relied a lot on video and audio evidence.  It was clear from the video that the Client refused to take a blood or breath test but the officer never fully admonished him.  The Officer testified and tried to say it was he read the admonishment and that it would be on the bodycam video.  The bodycam video only showed the client refusing and the officer telling the client that his license would be suspended.  But the rest of the admonition was never summarized or read, and Client was never given an opportunity to take a test after being informed of any consequences.  The Hearing Officer set aside the one-year suspension.

Result: DMV License Suspension Set Aside

Documentation: images/dmv-wins/PDF 6.pdf

This client was arrested for a DUI after hitting another vehicle in a parking lot.  Client was seen by the 911 caller backing into another vehicle, and then driving away towards another part of the lot where she was seen vomiting out of her driver-side window.  The client parked and fell asleep with the keys in the ignition. Police arrived and questioned her. Client admitted to drinking and displayed objective symptoms of impairment according to police.  Her breath test revealed a BAC of over twice the legal limit of .18 and .17 percent. At the DMV hearing, the defense was able to show that the breath test was conducted more than three hours after the time of driving. The Hearing Officer had enough evidence to anticipate this issue but failed to have a toxicologist subpoenaed to testify.  The defense objected to any continuance. The hearing officer issued a set aside.

Result: DMV License Suspension Set Aside

Documentation: images/dmv-wins/PDF 7.pdf

Client crashed into a pole. When police arrived, he admitted to drinking and officers claimed that he showed signs of intoxication. This case had several evidentiary and technical errors that resulted in a win.  The Client agreed to take a preliminary alcohol screening test which showed a BAC of .206 and .237, which differs by more than .02, in violation of Title 17.  But the officer incorrectly transposed the PAS results into the chemical breath test box on the DS367.  A blood sample was taken but the DMV proceeded on what they thought was a breath test so the blood test results were not included.  The officer also forgot to write in the date and time of the accident. At the DMV hearing, the hearing officer did not have the officer present to testify nor did the officer any way to use the PAS results as a valid chemical test.  Suspension was set aside.

Result: DMV License Suspension Set Aside

Documentation: images/dmv-wins/PDF 8.pdf

This was a second time DUI with a refusal. Client was facing a two-year hard suspension if he lost the DMV hearing.  Luckily, the video and audio of the interaction between the Client and officers showed that the Client was not being provided correct information about the consequences of refusing to provide a chemical test.  The officer told Client twice that he was required to take a breath or blood test but did not explicitly tell Client the consequences of refusing a test. Client asked for a lawyer but the Officer did not explain that he could not talk to a lawyer at this time.  After Client refused all tests, he was booked and held in the jail. Hours later, while being released, the arresting Officer finally read the refusal admonition to the Client.  After hearing that he would lose his license for a long period, the Client said he would take a test.  The Officer said it was “too late” because he had “already refused”. Since the Client did not refuse a chemical test after being told the consequences of a refusal, the DMV hearing officer set aside the suspension.