Case study: How to win the DMV in a DUI case.
We had a win for a DUI client at the DMV, and our law firm is proud to announce we won another client her license back. A DMV “Set Aside” is what the DMV calls a dismissal of the action pending against a driver’s license.
An actress, who is busy with roles in Los Angeles, called us the morning she was involved in an accident. The police took her to the hospital, where her blood was drawn. She was left at the hospital to be rendered care, but she did admit to taking several substances, prescribed medications, that could have put her under the influence.
The police gave her a citation for driving under the influence/DUI, and marked it as a detention only, meaning that she was cited, and that it was up to the prosecutor’s office whether or not there was a case filed, and if so, what the court date would be. As of today’s date, there are no Los Angeles DUI charges pending against her.
To make things more complicated, the actress and client had an out of state license. A DMV hearing was promptly requested, and we noted that the licensee had never been served the temporary license.
The DMV took steps to correct that by serving a new temporary license, and notice, via registered mail, giving the licensee a new 14 day time period to request a hearing, and we again scheduled a new hearing.
The DMV sent discovery, or a copy of the police reports, which our law firm reviewed thoroughly, line by line. When the blood testing came in, we noted the presence of several substances, or more specifically, the metabolites, showing absorption and metabolism of specific categories of substances, that were illegal to drive under. The law prohibits and makes illegal entire categories of substances in your system if you are operating a motor vehicle.
The DMV, however, has strict laws that they have to adhere to as well. One of those rules require that there be a finding, with admissible evidence, of each of the issues at the hearing.
In turn, one of those issues is whether or not the person was driving with above a .08% blood alcohol level. When we located and presented the hospital blood test, which was not included from the DMV, it was shown to the DMV hearing officer.
As a result, the DMV hearing officer agreed with our position, and our client’s license suspension hearing was canceled, or set aside, and her license was returned to her, and her driving privileges were not affected. That won the DMV case, to the satisfaction of the client, who got her license back and all driving privileges reinstated.