Arrest details: After the Client was arrested for DUI, he completed breath tests with results of 0.08%. At the DMV Administrative Per Se hearing, his attorney presented evidence that the breath testing device was malfunctioning before and after the Client’s breath test. In addition, the DMV ended the hearing before the Client was able to present all of his evidence. The DMV then issued a one-year license suspension and one-year disqualification of the Client’s Class A commercial driver license. Faced with imminent termination of his employment because of the commercial license disqualification, the Client came to us for help.
How we won: We filed a petition for writ of mandate in the Superior Court and conducted an emergency, Ex Parte, hearing before the judge to get the DMV’s action put on hold while the case was pending. Our legal arguments were so overwhelming that the DMV came to us after the hearing and agreed to set aside both the suspension and disqualification of the Client’s licenses.