In a case decided April, 2011, the Los Angeles Superior Court granted a writ of mandate filed by this Law Office thereby setting aside a one-year driver's license suspension without possibility of restriction.
The case involved a dui arrest where client nearly collided with other cars, flunked the roadside sobriety tests and recorded high numbers on the preliminary breath test.
Once at the station, client selected breath but the Datamaster device printed out "insufficent" and "invalid" results. The officer believed client was trying to cheat the machine by "huffing and puffing" rather than making a complete seal and blowing a continuously strong breath. The officer then offered the blood test option and client declined, stating that he did not fancy the risk of infection. Consequently, the officer classified client as a "refusal" and suspeneded his license for one-year.
As counsel for client, I obtained the usage logs for the machine and discovered that the machine recorded results the officer could not see due to the way the Datamaster's software was written. My expert testified that the results were valid, admissible and satisfied the Datamaster protocol and California's laws and regulations governing this subject.
Unfortunately, the dmv hearing officer believed that the officer's conclusion on the spot controlled and sustained the one-year suspension.
The client decided to fight, obtained a stay of the suspension from the court and the eventual win. This case proves one thing: "You can fight City Hall!"