Taxmanduidefense

MORE DMV TIPS AND TRICKS! The winning streak continues at Sacramento Driver Safety. I thought we lost for sure when the hearing officer, crucified my client, on cross examination. I did this case differently than some of the others, by throwing in everything but the kitchen sink, even arguing the CHP Officer from the Capitol Protection Section, should stick to guarding the capitol grounds rather than illegally detaining our clients for DUI. The officer’s statement had t...he arrest time at 10:30 a.m., the arrest at 11:45 p.m., and the blood draw before the arrest at 11:19 p.m. I argued this officer had no right to accuse my client of being impaired based on all of the mistakes he made in his reports, and no responsible person would rely on his paperwork in conducting their most important affairs. And, since there was no foundation under the evidence code, the document was inadmissible hearsay. I also argued that based on the totality of the circumstances there was a prolonged detention and no probable cause for arrest. Finally, a shout out to Stan Dorrance who testified that based on my client’s drinking pattern, i.e., his last drink with dinner was 10 minutes before the stop, his BAC at the time of driving was no more than .06-.07 depending on the burn off rate at the time of the stop. It helped that he essentially agreed with the blood result of .092% drawn 50 minutes after driving. Stanley also testified that the client showed no impairment on the field sobriety tests which was consistent with the .06-.07 he estimated at the time of driving. The client was so happy to get his driver’s license back See more